Key Takeaways :
It is important to assess the nature and circumstances of the position being hired to understand its risks, or lack of risks, before even considering prospective candidates’ past convictions
Being rooted in common law, negligent hiring rulings are dynamic and inconsistent and can depend on the court or state rather than any overarching laws or regulations
Documentation and thoughtful individualized assessment are important to manage a fair and consistent hiring process
As employers expand Fair Chance practices, questions of compliance and liability are often part of the conversation. Levelset discussed these questions in our Fair Chance Conversations: Exploring Negligent Hiring Law with Mae Fullerton. We address some of the immediate concerns many employers have as well as explore strategies to mitigate negligent hiring risk while implementing Fair Chance hiring practices. Please note: this session does not constitute legal advice and is simply designed to share learnings from the field.
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