The Basics of Adverse Action

Background checks are a common practice in employment screening, but employers must follow the adverse action process to avoid legal risk and ensure fairness in their hiring decisions. The adverse action process involves several steps, including sending pre-adverse action notices, waiting periods, reviewing candidate responses, and final adverse action notices. Employers must also consider individualized assessments, such as assessing factors like prior history and rehabilitation, to avoid unintentional discrimination. Additionally, employers may be subject to additional requirements under state or local fair hiring laws, which can dictate the timing for conducting an individualized assessment and more. To simplify the process, tools like Checkr's adverse action workflow can help reduce administrative burden and support compliance.

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