Pre-Employment Practices
Pre-employment practices should be job-related, consistently applied, and based on the knowledge, skills, abilities, physical demands, and other legitimate requirements of the position. Applications, interviews, tests, background checks, and other screening tools can create legal risk when they unnecessarily exclude protected groups or are applied inconsistently.
A city may use a selection test only when it is professionally developed, related to the position, and administered uniformly. When a test has an adverse impact on a protected group, the city should be able to demonstrate that it is job-related and consistent with business necessity. Validation evidence should support the use of tests that measure abilities or characteristics important to successful job performance.
Interview questions should focus on the applicant’s qualifications and ability to perform the essential functions of the job. Use structured interviews, standard questions, trained interviewers, and rating criteria tied to the job description. Avoid questions that seek information about protected characteristics or personal matters that do not relate to the job.
Background-screening standards should identify the information being reviewed, the position-related reason for the review, and the factors that may be disqualifying. Apply the same scope and standards to similarly situated applicants.
Criminal-history screening requires particular care. An arrest alone does not establish that criminal conduct occurred and ordinarily should not be the basis for an employment decision. When considering a conviction, evaluate the nature and gravity of the offense, the time since the offense or completion of sentence, and the nature of the job. Provide an applicant an appropriate opportunity to explain or correct potentially disqualifying information when feasible. A city must also comply with any applicable legal restrictions for particular positions, such as those involving law enforcement, financial responsibility, children, or vulnerable populations.
Cities should retain selection records, periodically review screening tools for adverse impact, and consult legal counsel before adopting blanket exclusions or specialized testing requirements.