Staffing Solutions

Discrimination in Employee Screening?

Would you be shocked to learn discrimination is sometimes allowed in employee screening? Anyone who regularly hires others would be familiar with Title VII or the Civil Rights Act of 1964 which has led to the statement on many applications that “prohibits discrimination based on race, color, religion, sex, or national origin.”

Similarly, the Age Discrimination in Employment Act of 1967 also forbids age discrimination of those 40 and older.

Additionally, the EEOC renders there should be no discrimination based on gender identity or sexual orientation.

So, how can discrimination be permitted with employee screening?

It’s all about Job Classification

Differences in employee screening processes can be based on job classifications. That is, as long as a company treats all individuals within the same job classification equally, the law permits said employer to vary screening procedures by job classification.

What is a job classification?

A job classification may be defined as hourly, exempt or non-exempt. For example, an employer may choose to perform a more in-depth screening on exempt employees, such as vetting information on education and criminal backgrounds.

Another example would be the addition of a motor vehicle report to the screening for those positions requiring driving a company-owned motor vehicle.

Perhaps rather than discrimination, we should term the procedure as differentiation. Employers still must comply with the federal, state and local laws.

A firm such as can provide accurate and current information on any applicant’s employability.


DataScreening is a Certified Women’s Business Enterprise that has offered business-to-business employment and tenant screenings to human resource professionals and business owners, including staffing companies, for two decades. Among other organizations, they are members of the ASA(American Staffing Association), SHRM (Society for Human Resource Management) and the NAPBS (National Association of Professional Background Screeners). How may we help you today?


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