Background Checks

Here’s a story that surprised us: Arizona has passed a bill that might outlaw future background check mandates regarding the transfer of private property.

While this action isn’t directly related to hiring, it doesn’t take much imagination to see how it might eventually be relevant. Might a state legislature, at some point, outlaw background checks on public school teachers or other public employees as the result of pressure from public employee unions? If legislation can be passed banning a background check on the transfer of all private property in a state, is it conceivable that legislation could be passed banning background checks on various classes of public employees?

It seems unlikely that such legislation would be passed in any state, given the inherent risks associated with the hiring process. However, if Arizona passes this sort of legislation, I could imagine particularly liberal-leaning states enacting similar bans regarding the hiring process.

The bottom line seems to be that employers, and those who provide them with background and reference checking services, need to be on guard against the introduction of such seemingly counter intuitive legislation. It could happen!