Conditional Offer of Employment
A conditional offer of employment is a job offer made by an employer that is contingent upon the candidate successfully completing certain requirements, such as a background check, drug screening, or employment eligibility verification. It allows the employer to proceed with pre-employment screening while maintaining compliance with “ban the box” and other fair hiring laws.
Compliance note
- Conditional offers should only be made after a candidate has met all non-screening hiring criteria, such as interviews and skills assessments.
- Employers must comply with the Fair Credit Reporting Act (FCRA) when conducting background checks after a conditional offer is made.
- Some jurisdictions restrict when background checks can be initiated under “ban the box” or fair chance hiring laws.
- Any withdrawal of a conditional offer based on screening results must follow proper adverse action procedures under FCRA and EEOC guidance.
Related Terms and Posts
Frequently Asked Questions
Q: What does a conditional offer of employment mean?
A: A conditional offer means a candidate has been selected for hire, but the offer depends on meeting certain requirements such as background screening or reference checks.
A: A conditional offer means a candidate has been selected for hire, but the offer depends on meeting certain requirements such as background screening or reference checks.
Q: When can an employer make a conditional offer?
A: Employers should extend conditional offers only after evaluating qualifications and interviews, before initiating background checks or drug testing, to remain compliant with “ban the box” laws.
A: Employers should extend conditional offers only after evaluating qualifications and interviews, before initiating background checks or drug testing, to remain compliant with “ban the box” laws.
Q: Can a conditional offer be withdrawn?
A: Yes. Employers may withdraw a conditional offer if the candidate fails to meet required screening criteria, but they must follow FCRA adverse action procedures and provide notice to the applicant.
A: Yes. Employers may withdraw a conditional offer if the candidate fails to meet required screening criteria, but they must follow FCRA adverse action procedures and provide notice to the applicant.
DISCLAIMER: The information provided in this glossary is for general informational purposes only and should not be construed as legal advice. While we strive for accuracy, EDIFY Background Screening does not guarantee that the definitions or explanations are complete, up to date, or error-free. Employers should always consult with competent legal counsel to ensure compliance with applicable laws and regulations.
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