Looks like an applicant in a similar position sued Microsoft.
http://www.hrmorning.com/best-of-hrrecruiting-offer-rescinded-after-background-check-can-candidate-sue/

The hiring agency should conduct the background check immediately after the offer acceptance, and expect/ encourage the applicant to not give notice until the check comes back clear.

Anonymous wrote:That EEOC guidance is from 1990! I'm pretty sure the Supreme Court has eviscerated disparate impact by now.

from april 2012:


http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

That EEOC guidance is from 1990! I'm pretty sure the Supreme Court has eviscerated disparate impact by now.

I am a fraud prosecutor. Please give this guy a chance - it seems that he has kept his nose clean AND has a stellar job history. Since he would have had small children at the time, you never know what caused him to do what he did.

OP, there are HUGE risks to doing background checks before making an offer. you can choose to make the start date contingent upon the results, or more clearly advise the candidate not to quit/move until the check is done, but you have to make the offer (which represents the hire/no hire decision) first. but honestly, in most professional services companies, most checks are fine.

thanks to the PP who posted th eEEOC info on arrest records -- this is a big issue right now and you absolutely should not use arrests in decisions.
also, just to be clear, there are no laws against ASKING candidate for information about age/race/gender, etc, but you can't fail to hire them because of those protected categories; obviously, it is a lot easier to make an argument that you didn't hire someone because of her age when she can show that you asked about in the interview. so no law, but don't do it (i just hate when ppl say it is illegal to ask.)

You need to retread the background check very, very carefully. I filled one out the other day and I was told a few times along the way that the info could not harm me. You do need a lawyer if you are going to choose not to hire someone after they gave info that they were promised wouldn't be used. Don't know if this applies, but I would be careful.