Legal Compliance FAQs


Aren't selection systems likely to get my company sued?
Isn't it true that most companies don't give references anymore?
How does the Fair Credit Reporting Act apply to SkillSurvey?
How does the EEOC apply to SkillSurvey?
How does SkillSurvey help companies avoid negligent hiring litigation?






















Q: Aren't selection systems likely to get my company sued?
A: Actually, the opposite is true. Companies using valid selection systems are less likely to face a legal challenge. Using objective selection tools creates a level playing field for all candidates and enables companies to hire the most qualified individuals.

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Q: Isn't it true that most companies don't give references anymore?
A: Many companies have adopted a bare-bones information policy regarding reference check requests received via telephone. Such a policy can, among other things, prevent good employees from being hired, enable bad employees to be hired, and open the door for claims of negligent hiring.

Because the SkillSurvey Pre-Hire 360 request comes from the candidate, and the survey is competency-based and confidential, references are more inclined to provide the information necessary for potential employers to make an accurate hiring decision.

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Q: How does the Fair Credit Reporting Act apply to SkillSurvey?
A: SkillSurvey Pre-Hire 360 is a software application that companies use to check references on job applicants instead of using the telephone. By itself, without regard to how SkillSurvey Pre-Hire 360 is used within an organization, the SkillSurvey product suite is not governed by the FCRA and SkillSurvey should not be thought of as a credit reporting agency. SkillSurvey is a web-services company that enables customers to subscribe to its on-line system and perform a Human Resources task in an efficient and effective manner.

However, some of our customers and business partners are already required to comply with the FCRA because they are Credit Reporting agencies themselves, or they use such agencies for other aspects of the hiring process. SkillSurvey is aware of FCRA requirements and offers information, business processes and data archival to help client organizations to comply.

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Q: How does the EEOC apply to SkillSurvey?
A: The EEOC defines the standards that every test should meet, but does not approve or disapprove specific tools or tests. The EEOC states that selection tools or tests should be valid, fair and job-related. We strongly believe that SkillSurvey Pre-Hire 360 meets these criteria.

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Q: How does SkillSurvey help companies avoid negligent hiring litigation?
A: Generally speaking, a company can be held legally liable for negligent hiring if it fails to uncover a job applicant's incompetence or unfitness by thoroughly and completely checking their references, criminal records, or general background. A company can also be sued for negligent hiring for failure to become aware of a candidate's unsuitability as an employee.

Criminal records can only tell an employer whether or not an applicant has actually been convicted of a crime; uncovering this one fact is only part of the requirement of avoiding negligent hiring claims. Reference checks are also critical for uncovering complete information. SkillSurvey Pre-Hire 360 is much more effective at acquiring accurate and candid information from references and makes it easy to apply a uniform process for all corporations.

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