Employment Applications and Background Checks

Employment Applications and Background Checks

Documenting your employees

Documenting your employees

Employers: Can you deny employment based on a criminal background check?

We have discussed conducting background checks in employment. You can review that post here: http://bit.ly/VFmk2P.  What should an employer do if it wishes to deny employment based on the result of a criminal records check? Understand recent enforcement guidance. There has been recent discussion concerning the Equal Employment Opportunity Commission’s (EEOC) Guidance on this issue.  While a criminal offender is not a member of a protected class for the purposes of a civil rights or discrimination analysis, the EEOC uses a disparate impact theory to determine if a disappointed potential employee has a claim against an employer. Simply put, a 

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Attention Employers. Conducting Employee Background Checks? Get It Right, Or Else.

Most employers know the value of background checks in employment decisions. If a prospective employee will handle cash, a checkbook, or have fiduciary responsibilities for example, it is inconceivable that a business would make a hiring decision without a background check. These checks typically include a review of credit reports and criminal record database searches. A pre employment background check in an acceptable screening tool but it must be undertaken utilizing the correct forms and with the appropriate disclosures to the potential employee. The necessary disclosure forms changed at the beginning of this year with the requirement to use a 

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The Alphabet Soup of Employment Regulators, A New Years Guide for Employers

Many federal and state agencies employers have never heard of are in the employment regulation space recently, expanding their jurisdiction. EEOC, NLRB, CFRB; what are all these things and why should you care if you are an employer?  Here is cryptography guide. Does your attendance policy require a doctor’s note identifying the nature of the absence? The Eight Hundred Pound Gorilla of Employment Regulations. The Equal Employment Opportunity Commission (EEOC A key ruling from the EEOC in 2012 held that requiring a doctor’s note identifying the nature of the absence from work violates the Americans with Disability Act that prohibits 

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