In today’s complex hiring environment, civil record searches elevate screening from a routine step to a strategic safeguard for your business. In case of disputes or legal challenges related to hiring decisions, including civil court searches as part of the screening process shows that the employer conducted a reasonably thorough background check.

What Can Civil Records Reveal?

  • Workplace Safety
    A civil records search may disclose an applicant’s actual or potential for violence in cases that involve petitions for restraining orders regarding stalking, harassment, or domestic violence; whether the applicant is currently under a restraining order for any of the foregoing, or a complaint for assault, battery, property damage, or vandalism.
  • Workplace Conduct
    Civil records may disclose whether the applicant has engaged in antisocial, inappropriate workplace conduct or behavior contrary to public policy. For example, a civil records search may disclose complaints for workplace sexual harassment or discrimination, and whether such a case is pending, thereby leaving doubt in determining the applicant’s liability. There is also the issue of reputational risk to the employer for an applicant who was found liable in such cases.
  • Criminal-related Conduct
    Civil records may disclose whether an applicant has been sued by a former employer for financial claims such as embezzlement, theft, intentional property damage, or improperly using or disclosing an employer’s trade secrets. Although some of these claims can also be charged as crimes, a local prosecutor may decline to do so, and employers are left with only civil remedies.
  • Other Records
    The most common civil records are lawsuits for breach of contract, personal injury, small claims, or other minor disputes, as well as records of liens, foreclosures, and judgments. Whether any of these records provide relevant information for an employment decision can only be made on a case-by-case basis.

Building a Defensible Hiring Process

The purpose of a civil records check is to create a more complete profile. By identifying potential risks early, employers can:

  • Mitigate Risk: Help protect employees, customers, and organizational reputation.
  • Demonstrate Due Diligence: Show a reasonably thorough screening process if hiring decisions are later challenged.
  • Make Better Decisions: Evaluate findings in context, based on the specific role and responsibilities.

 

 

Disclaimer: This communication is for general informational purposes only and does not constitute legal advice. The summary provided in this alert does not, and cannot, cover in detail what employers need to know about the amendments to the Philadelphia Fair Chance Law or how to incorporate its requirements into their hiring process. No recipient should act or refrain from acting based on any information provided here without advice from a qualified attorney licensed in the applicable jurisdiction.