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Elaine has attended an industry meeting with other HR professionals. She came back to her office with the idea that background investigations of new hires are something she ought to implement. What would you say to Elaine about that idea?

A. The EEOC has banned background investigations in any form because they discriminate against Hispanics and African- Americans.
B. The EEOC has only recommended that background checks not automatically eliminate Hispanics or African-Americans because of employment history.
C. Background checks are still legal and should be conducted on applicants before a job offer is made to be sure there is no history of bad behavior that could bring liability into the new workplace.
D. Finding anyone these days with no skeleton in the closet is going to be difficult. So, background checks are not really worth the money or time they require.

1 Answer

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Final answer:

Background checks are legal and recommended before making job offers to mitigate potential workplace liabilities, but they must be conducted in a non-discriminatory manner following EEOC guidelines.

Step-by-step explanation:

In response to Elaine's idea about implementing background investigations for new hires, it's important to note that they are still legal and often a standard part of the hiring process in many companies. Option C is the most accurate: Background checks are legal and should be conducted on applicants before a job offer is made to ensure there is no history of behavior that could bring liability to the workplace.

However, the EEOC does guide employers to ensure that background checks are not used in a discriminatory manner. While the EEOC has not banned background investigations, they recommend that they should not automatically eliminate candidates based on characteristics protected by anti-discrimination laws such as race or national origin, which includes Hispanics and African-Americans.

Professional HR practices and awareness of EEOC guidelines help ensure that background investigations are conducted fairly and legally, contributing to a professional and diverse workforce.

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