Because of laws prohibiting age discrimination, most applicants expect not to be asked for date of birth. Effective background screening often requires that piece of information, however. You are allowed to request date of birth, and even race, as long as: you request it for all applicants for the same type of work, get that information on a ‘tear-off’ or separate page from the main application, and do not store that information in the permanent file (it must be destroyed after the background check).

As an employer, it’s important to know that Federal laws prohibit discrimination in many more areas than just hiring and firing. It is also illegal to discriminate in any aspect of employment, including the assignment, classification, and pay of employees; how employees are transferred, promoted, laid off, or recalled; the manner in which an employment advertises, recruits, and tests applicants; the use of company facilities and training or apprenticeship programs; and fringe benefits, retirement plans, and disability leave. Additionally, every employer should check state and local municipality for additional discrimination protections.

Your insurance agent and attorney have likely advised you, as an employer, to have various kinds of insurance to protect your company, including coverage for negligent hiring practices. It’s important to know, however, that such insurance is unlikely to cover all the financial costs of negligent hiring activities.

If you hire an employee who later commits murder, assault, rape, or armed robbery against a customer or another employee, all the non-financial costs can be equally damaging! Negligent hiring lawsuits are just one more great reason you should do thorough applicant screening and background checks prior to hiring.