The document provides background on employers conducting criminal background checks on applicants and employees. It discusses:
1) Whether employers can legally conduct criminal background checks. While they can, using any criminal history found to deny employment could result in lawsuits if it has a disparate impact on protected groups.
2) Courts have established that employers must demonstrate criminal history policies are job-related and consistent with business necessity to avoid claims of discrimination. Plaintiffs can show alternative practices exist that serve the employer's interests without disparate impact.
3) Guidelines from the Equal Employment Opportunity Commission provide criteria for how and when employers may use criminal history in hiring decisions but courts do not always follow them strictly. Overall employers must balance legal rights with
Hiring & Onboarding Legal Skills You Must KnowBeau Howard
This slide deck covers various employment law topics for 2018 related to structuring application and interview questions, credit and background checks, Form I-9 and immigration compliance methods, and the use of E-verify.
When undertaking recruitment exercises, it is essential potential new employers are aware of the legal duties incumbent upon them. Whether it is ensuring decisions are not discriminatory, or undertaking sufficient measures to check an applicant’s eligibility to work in the UK or work with children, recruitment officers must have a thorough grounding in the legal implications of the decisions they make and the selection processes they employ.
In this recorded webinar, Adam Willoughby, a specialist employment law barrister at Broadway House Chambers, will:
‘Roadmap’ the key legal obligations recruiters are under and should be aware of when undertaking the recruitment process;
Look specifically at the duties contained in Equality Act 2010 in the context of recruitment;
Consider factors new employers should and should not be taking into account when assessing candidates
Explore practical steps recruiters can take at an early stage to help ensure compliance with legal obligations throughout the employment relationship.
This webinar will appear to Recruitment Officers, HR personnel, Managers, and Business Owners.
You can view the some of the webinar at the end of the slide deck. If you would like to view more on demand webinars or attend the live Shorebird RPO events, please visit http://www.shorebird-rpo.com/free-webinars
Grievance complaint, reporting violation of one or more state and federal laws protecting employees against harassment, intimidation, retaliation, over-monitoring, increased surveillance, threat and false reporting.
How to deal with workplace bullying remains contentious. This speech by Josh Bornstein, examines the myths and misconceptions about workplace bullying.
The document discusses legal issues related to recruitment and selection including:
1) The importance of careful selection to avoid negligent hiring claims and discrimination lawsuits.
2) Laws like the Equality Act 2010 that prohibit discrimination based on characteristics like age, disability, gender, race, religion, sexual orientation, and marriage.
3) Requirements for employers to protect applicant privacy while screening for qualifications and ensuring non-discriminatory hiring practices.
Basic presentation on employment law for recruiters. Significant content in speaker notes only; many slides are all or mostly visuals. Contact me if interested in using.
The document discusses discrimination and harassment laws in Queensland. It notes that Queensland only enacted discrimination laws in 1991, while federal discrimination laws were enacted in 1984. It outlines that Queensland's Anti-Discrimination Act of 1991 prohibits discrimination in employment, education, accommodation, and goods and services based on characteristics like gender, race, age, and disability. The document also defines and provides examples of direct and indirect discrimination. It discusses exceptions to discrimination laws, such as when a characteristic is a genuine occupational requirement. Finally, it covers sexual harassment and how to make a harassment complaint.
The document provides an overview of background reference checks and discusses various types including criminal records checks, credit checks, reference checks, driver's record checks, and social media checks. It outlines the process and best practices for properly conducting each type of check in accordance with relevant privacy and human rights legislation to avoid potential liability. Key recommendations include obtaining proper consent, only collecting necessary information, keeping information confidential, and being careful not to rely on protected characteristics.
Hiring & Onboarding Legal Skills You Must KnowBeau Howard
This slide deck covers various employment law topics for 2018 related to structuring application and interview questions, credit and background checks, Form I-9 and immigration compliance methods, and the use of E-verify.
When undertaking recruitment exercises, it is essential potential new employers are aware of the legal duties incumbent upon them. Whether it is ensuring decisions are not discriminatory, or undertaking sufficient measures to check an applicant’s eligibility to work in the UK or work with children, recruitment officers must have a thorough grounding in the legal implications of the decisions they make and the selection processes they employ.
In this recorded webinar, Adam Willoughby, a specialist employment law barrister at Broadway House Chambers, will:
‘Roadmap’ the key legal obligations recruiters are under and should be aware of when undertaking the recruitment process;
Look specifically at the duties contained in Equality Act 2010 in the context of recruitment;
Consider factors new employers should and should not be taking into account when assessing candidates
Explore practical steps recruiters can take at an early stage to help ensure compliance with legal obligations throughout the employment relationship.
This webinar will appear to Recruitment Officers, HR personnel, Managers, and Business Owners.
You can view the some of the webinar at the end of the slide deck. If you would like to view more on demand webinars or attend the live Shorebird RPO events, please visit http://www.shorebird-rpo.com/free-webinars
Grievance complaint, reporting violation of one or more state and federal laws protecting employees against harassment, intimidation, retaliation, over-monitoring, increased surveillance, threat and false reporting.
How to deal with workplace bullying remains contentious. This speech by Josh Bornstein, examines the myths and misconceptions about workplace bullying.
The document discusses legal issues related to recruitment and selection including:
1) The importance of careful selection to avoid negligent hiring claims and discrimination lawsuits.
2) Laws like the Equality Act 2010 that prohibit discrimination based on characteristics like age, disability, gender, race, religion, sexual orientation, and marriage.
3) Requirements for employers to protect applicant privacy while screening for qualifications and ensuring non-discriminatory hiring practices.
Basic presentation on employment law for recruiters. Significant content in speaker notes only; many slides are all or mostly visuals. Contact me if interested in using.
The document discusses discrimination and harassment laws in Queensland. It notes that Queensland only enacted discrimination laws in 1991, while federal discrimination laws were enacted in 1984. It outlines that Queensland's Anti-Discrimination Act of 1991 prohibits discrimination in employment, education, accommodation, and goods and services based on characteristics like gender, race, age, and disability. The document also defines and provides examples of direct and indirect discrimination. It discusses exceptions to discrimination laws, such as when a characteristic is a genuine occupational requirement. Finally, it covers sexual harassment and how to make a harassment complaint.
The document provides an overview of background reference checks and discusses various types including criminal records checks, credit checks, reference checks, driver's record checks, and social media checks. It outlines the process and best practices for properly conducting each type of check in accordance with relevant privacy and human rights legislation to avoid potential liability. Key recommendations include obtaining proper consent, only collecting necessary information, keeping information confidential, and being careful not to rely on protected characteristics.
Too Much Information: The Use and Misuse of Pre-Employment Inquiries, Applica...Parsons Behle & Latimer
This document summarizes a seminar on pre-employment inquiries, applications, background checks, and credit checks. It discusses key principles such as only asking questions related to job qualifications and not discriminating against protected classes. It also reviews which questions are allowed or not allowed during different stages of hiring like applications and interviews. The document provides an overview of laws governing these areas like Title VII, ADA, GINA, and FCRA and explains employer responsibilities and best practices for compliance.
Best Practices When Issuing Discipline and TerminationsG&A Partners
If you ask any manager what their least favorite part of their job is, odds are one of the top answers will be about firing or reprimanding employees. Having to terminate or discipline an employee is perhaps one of the most uncomfortable and unpleasant parts of being a manager. In this webinar, Sean O'Donnell, one of G&A Partners' HR experts, will talk about some best practices and potential legal pitfalls for managers when issuing employee disciplinary actions and terminations.
While trying to satisfy one federal law, employers may inadvertently violate another. For example, an employer who seeks to verify an individual's eligibility to work in the United States might accidentally step over a line and be found guilty of discrimination. If this happens to you, you may end up paying penalties. Here's the story.
License Check - Check the License of Professionals Before You Hire ThemChristopher Bartol
The document discusses the dangers of using unlicensed contractors and professionals. It provides examples of personal and financial harm that have resulted from using unlicensed contractors for home improvement projects and medical procedures. The document emphasizes that licensing requirements exist to ensure professionals have the proper training and qualifications. It advises verifying the license of any contractor before hiring them to protect yourself from negligence, injury, or fraud.
This document summarizes an employment law seminar discussing the EEOC's new guidance on criminal background checks. The guidance aims to address disparate impact concerns but provides some defenses for employers. It recommends targeted screens over blanket exclusions and allowing individualized assessments. It also discusses the tension between Title VII, negligent hiring liability, and some state laws requiring background checks. Employers are advised to narrowly tailor criminal screening policies based on relevant offenses and jobs, and to provide opportunities to appeal exclusions.
The document discusses key concepts in US employment law, including the employment-at-will doctrine and its exceptions, major federal statutes governing wages/hours and workplace safety/health, leave laws like FMLA, and protections against discrimination based on characteristics like race, gender, age, and disability under laws such as Title VII, EPA, ADEA, and ADA. Defenses to discrimination claims include business necessity, BFOQ, seniority systems, and after-acquired evidence of employee misconduct.
Sexual harassment training ab 1825 compliance in 2017Michele Collu
This document discusses California's AB 1825 sexual harassment prevention training requirements for employers. It provides an overview of the law's history and milestones, who must be trained, and what effective interactive training entails. Employers must train supervisors within 6 months of hire or promotion. Training content must include definitions of harassment and discrimination, remedies, strategies for prevention, and more. EverFi's online training meets these requirements through instructional design experts, attorneys, and real-world scenarios. It also addresses new requirements regarding abusive conduct and compliance culture. Records must be kept for two years.
This document summarizes key points from a presentation on investigating, prosecuting, and defending environmental crimes. It discusses:
1) Wildlife cases are often resolved with pleas to misdemeanors and fines, with efforts to reduce incidental takes. Pollution cases, which the rest of the presentation focuses on, involve broader discretion for prosecutors and general intent/negligence standards.
2) When a criminal investigation begins, the goals are to avoid indictment, resolve issues civilly if possible, avoid obstruction risks, ensure no one goes to jail, and cooperate with authorities to correct any issues and repair relationships.
3) Key steps include assessing subpoenas, controlling documents, interviewing witnesses, and potentially
Background Checks: The Legality of Reference, Credit, Criminal and Qualificat...DLA Piper (Canada) LLP
This document summarizes the legality of various types of background checks for employment purposes under Canadian privacy law. It finds that criminal record checks are only justified for positions with significant access to vulnerable groups or valuable assets. Credit checks and social media searches are rarely justified. Full background checks involving contacts like landlords are almost never allowed. While US law recognizes "negligent hiring", Canadian courts have not found employers liable for not conducting extensive checks as long as basic screening and oversight are in place.
This document discusses professionalism and civility in electronic discovery. It summarizes standards relating to competence, confidentiality, and fairness when handling e-discovery. It notes the duty of competence requires lawyers to properly assess e-discovery needs, understand client systems, ensure preservation and search procedures are proper. Confidentiality requires protecting privileged information from inadvertent disclosure. Fairness means complying with discovery requests while balancing disclosure obligations and confidentiality protections. Lawyers must advise clients that civility and fair dealing are expected.
This document provides information about Workplace Investigations Group, which offers attorney investigators to conduct workplace investigations. It summarizes their benefits such as minimizing business disruption and eliminating conflicts of interest. The directory then profiles several attorney investigators and their experience in areas like Title IX investigations, workplace discrimination, and mediation. It concludes by discussing investigation training offered by Workplace Investigations Group.
The document outlines an Equal Employment Opportunity (EEO) and anti-discrimination training that covers federal anti-discrimination laws, prohibited bases of discrimination, reasonable accommodation requirements for disabilities, anti-harassment policies, and procedures for filing complaints. Key topics include discrimination based on protected categories like race, religion, disability and retaliation protections, as well as defining harassment, sexual harassment, and the reasonable person standard. Supervisors are advised on their responsibilities in responding to complaints and engaging in the accommodation and complaint resolution processes.
The document summarizes recent guidance from the EEOC and FTC on employer use of background checks. It discusses concerns that criminal record exclusions can disproportionately impact certain racial groups. The new guidance recommends employers conduct targeted background checks narrowly tailored to essential job duties, allow for individual assessments, and address inaccuracies in criminal records. It also stresses compliance with antidiscrimination laws and the Fair Credit Reporting Act when obtaining and using background check information.
The document provides an overview of employment law and at-will employment. It discusses what employment law encompasses, including laws around hiring, termination, wages/benefits, discrimination, and privacy. At-will employment allows employers or employees to terminate the work relationship at any time for any non-discriminatory reason. The document then examines some key employment law concepts like discrimination, fair pay, and privacy in more detail.
This document discusses the importance of carefully documenting employee discipline and terminations. It notes that employees can bring legal claims or lawsuits related to discipline and termination. Proper documentation is important to show that all legal obligations were fulfilled and that decisions were made for legitimate reasons rather than discrimination. The document provides examples of how to properly document employee misconduct, performance improvement plans, termination procedures and decisions. It also discusses common mistakes to avoid, such as inconsistent discipline, bringing up irrelevant issues, and failing to follow legal processes.
Warning how background checks can get your staffing agency in big troubleMike McCarty
The highly unregulated background screening industry has peddled extremely low quality background checks by relying on incomplete databases, limiting the scope of the search to 7 years or not including alias names. Now, there is a fast growing movement to restrict the use of criminal background checks. It is critical that staffing companies understand how to conduct legally compliant criminal background checks that align with:
• Ban the Box
• EEOC 2012-2016 Strategic Plan
• Fair Credit Reporting Act
• Social Media Background Checks
Recent changes by the government indicate greater enforcement is on the way. Learn, in this brief webinar, how taking a few simple steps can help you stay in compliance.
Join us for this timely webinar as presenter John Pate shares his expertise on FCRA. At the end of the webinar, we will also host a live Q&A session with John.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
photo 1.JPG
__MACOSX/._photo 1.JPG
photo 2.JPG
__MACOSX/._photo 2.JPG
Running head: RIGHTS OF CRIMINAL JUSTICE OF EMPLOYEES
Rights of criminal justice of employees
Columbus Southern University
Criminal Justice Organization and Administration
Dennis Brown
December 6, 2014
RIGHTS OF CRIMINAL JUSTICE OF EMPLOYEES 2
Abstract
This piece of writing offers a complete outline of the lawful privileges of unlawful
fairness employees. Along with the subjects under discussion are: possessions safety in service;
outstanding progression and other privileges in punishment and preservation; Initial change of
employee rights; confidentiality privileges; and protections in opposition to prejudice and a
aggressive labor surroundings. Under the discussion, it states how centralized laws that recount
to equal employ chance forbid favoritism on the foundation of religious conviction, gender, race,
disability, age, nationalized basis, or color; on the other hand it explains how they permit ruling
out of members of a confined category if in attendance happens to be a bona fide professional
requirement. This includes how criminal fairness employers ought to intermittently introduce
additional stylish documentation in order to care for the privacy of any consequences in arrange
stay away from lawsuits introduced by workers whose lawful privileges were desecrated. The
assenting responsibility of unlawful air dealing bureau to get a practical stand in performance,
formulation, and implementation of policies is as well discussed (Rubin 1995, V. 2, #. 2).
Commented [MW1]: Dennis, it appears that you’ve made
significant changes to this paper though few are the changes
recommended by Cecilia. This in-text citation, for example,
is still incorrectly formatted. Your paper still lacks sufficient
in-text citation, and your reference citations are unchanged.
If you don’t understand the suggestions Cecilia made, I’m
sure she’d be happy to speak with you on the phone. Her
contact information is within the email she sent you Friday.
RIGHTS OF CRIMINAL JUSTICE OF EMPLOYEES 3
Rights of criminal justice of employees
Right of criminal justice employees to be protected against deliberate inequality and
some other activities which may lead to unfair situations is provided under title VII. Despite sex,
color, religion, race or national origin, all criminal justice employees are subject to the right of
equal employment opportunities.
Mainly, firms and government agencies cannot discriminate alongside tribal groups and
groups from other linguistic origin. Criminal justice employees have the right to communicate
and converse their own language. Communication language should not be limited to English by
employers unless they have enough validation for tha.
Too Much Information: The Use and Misuse of Pre-Employment Inquiries, Applica...Parsons Behle & Latimer
This document summarizes a seminar on pre-employment inquiries, applications, background checks, and credit checks. It discusses key principles such as only asking questions related to job qualifications and not discriminating against protected classes. It also reviews which questions are allowed or not allowed during different stages of hiring like applications and interviews. The document provides an overview of laws governing these areas like Title VII, ADA, GINA, and FCRA and explains employer responsibilities and best practices for compliance.
Best Practices When Issuing Discipline and TerminationsG&A Partners
If you ask any manager what their least favorite part of their job is, odds are one of the top answers will be about firing or reprimanding employees. Having to terminate or discipline an employee is perhaps one of the most uncomfortable and unpleasant parts of being a manager. In this webinar, Sean O'Donnell, one of G&A Partners' HR experts, will talk about some best practices and potential legal pitfalls for managers when issuing employee disciplinary actions and terminations.
While trying to satisfy one federal law, employers may inadvertently violate another. For example, an employer who seeks to verify an individual's eligibility to work in the United States might accidentally step over a line and be found guilty of discrimination. If this happens to you, you may end up paying penalties. Here's the story.
License Check - Check the License of Professionals Before You Hire ThemChristopher Bartol
The document discusses the dangers of using unlicensed contractors and professionals. It provides examples of personal and financial harm that have resulted from using unlicensed contractors for home improvement projects and medical procedures. The document emphasizes that licensing requirements exist to ensure professionals have the proper training and qualifications. It advises verifying the license of any contractor before hiring them to protect yourself from negligence, injury, or fraud.
This document summarizes an employment law seminar discussing the EEOC's new guidance on criminal background checks. The guidance aims to address disparate impact concerns but provides some defenses for employers. It recommends targeted screens over blanket exclusions and allowing individualized assessments. It also discusses the tension between Title VII, negligent hiring liability, and some state laws requiring background checks. Employers are advised to narrowly tailor criminal screening policies based on relevant offenses and jobs, and to provide opportunities to appeal exclusions.
The document discusses key concepts in US employment law, including the employment-at-will doctrine and its exceptions, major federal statutes governing wages/hours and workplace safety/health, leave laws like FMLA, and protections against discrimination based on characteristics like race, gender, age, and disability under laws such as Title VII, EPA, ADEA, and ADA. Defenses to discrimination claims include business necessity, BFOQ, seniority systems, and after-acquired evidence of employee misconduct.
Sexual harassment training ab 1825 compliance in 2017Michele Collu
This document discusses California's AB 1825 sexual harassment prevention training requirements for employers. It provides an overview of the law's history and milestones, who must be trained, and what effective interactive training entails. Employers must train supervisors within 6 months of hire or promotion. Training content must include definitions of harassment and discrimination, remedies, strategies for prevention, and more. EverFi's online training meets these requirements through instructional design experts, attorneys, and real-world scenarios. It also addresses new requirements regarding abusive conduct and compliance culture. Records must be kept for two years.
This document summarizes key points from a presentation on investigating, prosecuting, and defending environmental crimes. It discusses:
1) Wildlife cases are often resolved with pleas to misdemeanors and fines, with efforts to reduce incidental takes. Pollution cases, which the rest of the presentation focuses on, involve broader discretion for prosecutors and general intent/negligence standards.
2) When a criminal investigation begins, the goals are to avoid indictment, resolve issues civilly if possible, avoid obstruction risks, ensure no one goes to jail, and cooperate with authorities to correct any issues and repair relationships.
3) Key steps include assessing subpoenas, controlling documents, interviewing witnesses, and potentially
Background Checks: The Legality of Reference, Credit, Criminal and Qualificat...DLA Piper (Canada) LLP
This document summarizes the legality of various types of background checks for employment purposes under Canadian privacy law. It finds that criminal record checks are only justified for positions with significant access to vulnerable groups or valuable assets. Credit checks and social media searches are rarely justified. Full background checks involving contacts like landlords are almost never allowed. While US law recognizes "negligent hiring", Canadian courts have not found employers liable for not conducting extensive checks as long as basic screening and oversight are in place.
This document discusses professionalism and civility in electronic discovery. It summarizes standards relating to competence, confidentiality, and fairness when handling e-discovery. It notes the duty of competence requires lawyers to properly assess e-discovery needs, understand client systems, ensure preservation and search procedures are proper. Confidentiality requires protecting privileged information from inadvertent disclosure. Fairness means complying with discovery requests while balancing disclosure obligations and confidentiality protections. Lawyers must advise clients that civility and fair dealing are expected.
This document provides information about Workplace Investigations Group, which offers attorney investigators to conduct workplace investigations. It summarizes their benefits such as minimizing business disruption and eliminating conflicts of interest. The directory then profiles several attorney investigators and their experience in areas like Title IX investigations, workplace discrimination, and mediation. It concludes by discussing investigation training offered by Workplace Investigations Group.
The document outlines an Equal Employment Opportunity (EEO) and anti-discrimination training that covers federal anti-discrimination laws, prohibited bases of discrimination, reasonable accommodation requirements for disabilities, anti-harassment policies, and procedures for filing complaints. Key topics include discrimination based on protected categories like race, religion, disability and retaliation protections, as well as defining harassment, sexual harassment, and the reasonable person standard. Supervisors are advised on their responsibilities in responding to complaints and engaging in the accommodation and complaint resolution processes.
The document summarizes recent guidance from the EEOC and FTC on employer use of background checks. It discusses concerns that criminal record exclusions can disproportionately impact certain racial groups. The new guidance recommends employers conduct targeted background checks narrowly tailored to essential job duties, allow for individual assessments, and address inaccuracies in criminal records. It also stresses compliance with antidiscrimination laws and the Fair Credit Reporting Act when obtaining and using background check information.
The document provides an overview of employment law and at-will employment. It discusses what employment law encompasses, including laws around hiring, termination, wages/benefits, discrimination, and privacy. At-will employment allows employers or employees to terminate the work relationship at any time for any non-discriminatory reason. The document then examines some key employment law concepts like discrimination, fair pay, and privacy in more detail.
This document discusses the importance of carefully documenting employee discipline and terminations. It notes that employees can bring legal claims or lawsuits related to discipline and termination. Proper documentation is important to show that all legal obligations were fulfilled and that decisions were made for legitimate reasons rather than discrimination. The document provides examples of how to properly document employee misconduct, performance improvement plans, termination procedures and decisions. It also discusses common mistakes to avoid, such as inconsistent discipline, bringing up irrelevant issues, and failing to follow legal processes.
Warning how background checks can get your staffing agency in big troubleMike McCarty
The highly unregulated background screening industry has peddled extremely low quality background checks by relying on incomplete databases, limiting the scope of the search to 7 years or not including alias names. Now, there is a fast growing movement to restrict the use of criminal background checks. It is critical that staffing companies understand how to conduct legally compliant criminal background checks that align with:
• Ban the Box
• EEOC 2012-2016 Strategic Plan
• Fair Credit Reporting Act
• Social Media Background Checks
Recent changes by the government indicate greater enforcement is on the way. Learn, in this brief webinar, how taking a few simple steps can help you stay in compliance.
Join us for this timely webinar as presenter John Pate shares his expertise on FCRA. At the end of the webinar, we will also host a live Q&A session with John.
Dr. William Allan Kritsonis
Personnel Issues
Public School Law Series
National Issues & Concerns - New Answers To Lingering Problems in Public School Law
photo 1.JPG
__MACOSX/._photo 1.JPG
photo 2.JPG
__MACOSX/._photo 2.JPG
Running head: RIGHTS OF CRIMINAL JUSTICE OF EMPLOYEES
Rights of criminal justice of employees
Columbus Southern University
Criminal Justice Organization and Administration
Dennis Brown
December 6, 2014
RIGHTS OF CRIMINAL JUSTICE OF EMPLOYEES 2
Abstract
This piece of writing offers a complete outline of the lawful privileges of unlawful
fairness employees. Along with the subjects under discussion are: possessions safety in service;
outstanding progression and other privileges in punishment and preservation; Initial change of
employee rights; confidentiality privileges; and protections in opposition to prejudice and a
aggressive labor surroundings. Under the discussion, it states how centralized laws that recount
to equal employ chance forbid favoritism on the foundation of religious conviction, gender, race,
disability, age, nationalized basis, or color; on the other hand it explains how they permit ruling
out of members of a confined category if in attendance happens to be a bona fide professional
requirement. This includes how criminal fairness employers ought to intermittently introduce
additional stylish documentation in order to care for the privacy of any consequences in arrange
stay away from lawsuits introduced by workers whose lawful privileges were desecrated. The
assenting responsibility of unlawful air dealing bureau to get a practical stand in performance,
formulation, and implementation of policies is as well discussed (Rubin 1995, V. 2, #. 2).
Commented [MW1]: Dennis, it appears that you’ve made
significant changes to this paper though few are the changes
recommended by Cecilia. This in-text citation, for example,
is still incorrectly formatted. Your paper still lacks sufficient
in-text citation, and your reference citations are unchanged.
If you don’t understand the suggestions Cecilia made, I’m
sure she’d be happy to speak with you on the phone. Her
contact information is within the email she sent you Friday.
RIGHTS OF CRIMINAL JUSTICE OF EMPLOYEES 3
Rights of criminal justice of employees
Right of criminal justice employees to be protected against deliberate inequality and
some other activities which may lead to unfair situations is provided under title VII. Despite sex,
color, religion, race or national origin, all criminal justice employees are subject to the right of
equal employment opportunities.
Mainly, firms and government agencies cannot discriminate alongside tribal groups and
groups from other linguistic origin. Criminal justice employees have the right to communicate
and converse their own language. Communication language should not be limited to English by
employers unless they have enough validation for tha.
Employment Screening Laws & Background Checks Question & AnswerEliassen Group
This document contains a transcript from a webinar on using criminal and background checks in employment screening. The webinar addressed what types of background checks are commonly run, EEOC laws and regulations around background checks, and best practices for avoiding discrimination claims. The transcript includes questions and answers on topics like when an electronic signature satisfies consent requirements, following up on pre-adverse action notices, evaluating deferred convictions, and conducting individualized assessments.
According to an informal study, only 20% of job applicants had no criminal or driving history. 52% of applicants with one offense had multiple issues in their history. Additionally, 30% of resumes contain inaccurate information about work experience, education, or job titles. Thorough background checks including criminal, driving, and education/employment histories can help identify concerning inaccuracies or issues in an applicant's background. However, employers must ensure background check policies do not have an unlawful discriminatory impact and consider the nature and severity of any offenses. Two ongoing lawsuits are challenging hiring policies based on past arrests.
AlphaStaff Webinar Importance of Drug and Background ScreeningAlphaStaff
Hiring someone is a decision that should not be based solely on the person’s ability to handle the job. While skills required to conduct the job are necessary, one cannot rule out threats caused by an employee with a checkered past (or present). Someone with a criminal record or someone who isn’t who they say they are can potentially cause significant damage to the welfare of the company and its staff.
This webinar, led by one of the country’s premier background check and drug screening companies and a key partner of AlphaStaff, will highlight the need, the process and the advantages of proper pre-employment screenings. Presented by Sterling Infosystems.
The document discusses the risks and legal issues involved with using social media for employment screening. It notes that information found on social media could allow employers to discern characteristics like race, religion, and family status, which could lead to discrimination claims. The document also outlines several laws like Title VII that prohibit various forms of discrimination. It concludes that using social media for screening requires proper disclosure to candidates and ensuring the information obtained is job-relevant without creating disparate impact.
This document provides an overview and agenda for the Ninth Annual Boise Employment Law Seminar taking place on September 22, 2021 in Boise, Idaho. The seminar will cover hot topics in employment law, including discussions on the statutory basis for 85% of employment law claims, sexual harassment and what it is, LGBTQ+ discrimination, conducting sexual harassment investigations, and determining whether a worker is an employee or independent contractor. Key tests for making this determination, such as the IRS 20-factor test and post-1996 IRS approach focusing on behavioral and financial control, will be reviewed.
Myths And Misconceptions About Workplace Bullying By Josh BornsteinJosh_Bornstein
The document discusses several myths and misconceptions about workplace bullying. It argues that contrary to popular belief, bullying is not currently illegal in Australia and there are no laws explicitly dealing with it. While bullying may involve breaches of other laws, victims cannot directly sue or pursue prosecution for bullying itself. It also argues that while definitions of bullying do exist, critics claim it cannot be defined or legislated against. However, the document states that courts and tribunals routinely make judgments on ambiguous concepts and that bullying can be defined. The document concludes that solely relying on workplace policies to address bullying is insufficient and that new legislation directly prohibiting bullying is needed to better protect victims.
Legally Managing Employees
IN THIS CHAPTER, YOU WILL LEARN:
1. To differentiate between an employment agreement and an employee manual.
2. To establish a nondiscriminatory work environment.
3. To implement a procedure designed to eliminate sexual harassment and minimize the risk of penalties resulting from charges of unlawful harassment.
4. To legally manage the complex areas of employee leave, compensation, and performance.
5. To respond appropriately to unemployment claims.
6. To summarize and list the employment records that must be maintained to meet legal requirements.
EMPLOYMENT RELATIONSHIPS
All employers and employees have employment agreements with each other.
Employment agreement: The terms of the employment relationship between an employer and employee that specifies the rights and obligations of each party to the agreement.
Generally, employment agreements in the hospitality industry are established verbally, or with an offer letter.
Offer Letter
offer letters detail the offer made by the employer to the employee.
when properly composed, can help prevent legal difficulties caused by employee or employer misunderstandings.
Offer Letter
Some employers believe offer letters should be used only for managerial positions, but to avoid difficulties, all employees should have signed offer letters in their personnel files.
Components
Employee Manual
In most cases, the offer letter will not detail all of the policies and procedures to which the employer and employee agree.
The topics covered by an employee manual will vary from one organization to another.
Employee Manual
In either case, an important point to remember is that employee manuals are often referenced by the courts to help define the terms of the employment agreement if a dispute arises.
some common topic areas include:
General Policies
Compensation
Benefits
Special Areas
General Policies
Probationary periods
Performance reviews
Disciplinary process
Termination
Attendance
Drug and alcohol testing
Uniforms
Lockers
Personal telephone calls
Appearance and grooming
Compensation
Pay periods
Payroll deductions
Tip-reporting requirements
Timekeeping procedures
Overtime pay policies
Meal periods
Schedule posting
Call-in pay
Sick pay
Vacation pay
Benefits
Health insurance
Dental insurance
Disability insurance
Vacation accrual
Paid holidays
Jury duty
Funeral leave
Retirement programs
Duty meals
Leaves of absence
Transfers
Educational reimbursement plans
Special Areas
Policies against harassment
Grievance and complaint procedures
Family medical leave information
Dispute resolution
Safety rules
Security rules
Emergency preparedness
Employee manuals should be kept up to date, and it should be clearly established that it is the employer, not the employee, who retains the right to revise the employee manual.
Many companies issue employee manuals with a signature page, where employees
The EEOC, Congress, and many state legislatures are closely scrutinizing how employers use background checks, especially criminal histories and credit reports. This presentation will walk employers through the process of preparing a background screening policy that helps ensure a safe and productive workforce while staying out of regulators’ and plaintiffs’ attorneys’ crosshairs.
California courts require volunteers to demonstrate remuneration in order to qualify as employees protected from discrimination under the Fair Employment and Housing Act (FEHA). The FEHA does not define "employee" but courts look to whether an individual was appointed, hired under contract, or served as an apprentice based on DFEH regulations. Volunteers have argued they were appointed but courts require showing they went through the proper appointment process. Public employees must also meet statutory requirements rather than just asserting an employment contract. Both California courts and those interpreting similar federal laws require volunteers to demonstrate remuneration, such as direct pay, benefits, or pensions rather than just incidental perks, to qualify for employee anti-discrimination protections.
This document discusses background screening and substance abuse testing services provided by Parkin Security Consultants. It provides an overview of the company's history and credentials. It then summarizes the purpose and benefits of background screening, the legal requirements for conducting background checks, and the types of searches that can be performed, including criminal records, driving records, education and employment verifications.
FINAL Employers Guide to Best Practices 2013 (1)Julie Sweeney
The document provides guidance to employers on safely limiting the use of criminal records in hiring. It advises that the Equal Employment Opportunity Commission (EEOC) has issued guidelines for employers related to adverse hiring actions based on criminal history. The EEOC's guidelines reflect disparities in incarceration rates among different racial groups. The employer should consider the nature of any offenses, time passed since conviction, and relevance to the job. Failure to comply with these and other federal laws like the Fair Credit Reporting Act (FCRA) could result in legal liability for employers.
Employment Discrimination in Florida: When Is It IllegalRichard Celler
If you believe you have been the victim if illegal employment discrimination you should consult with an experienced
Florida employment law attorney to find out what legal options you may have; however, all employees should have a basic understanding of what constitutes illegal employment discrimination so that they can recognize it should it happen to them. Learn more about employment discrimination in Florida in this presentation.
Getting On Board: Best Practices on OnboardingeasyBackgrounds
This document provides a summary of a presentation on best practices for onboarding employees. The presentation was given by representatives from three NYSA Industry Partners: easyBackgrounds Inc., Tarter Krinsky & Drogin LLP, and Loveman, Kornreich & Steers, Inc. The presentation covered topics like background screening requirements, employment law guidance, and protecting companies with employment practices liability insurance. The presenters provided overviews of their companies and disclaimers before diving into the various onboarding topics.
The document summarizes key aspects of risk management as they relate to volunteer programs, including defining risk management, common elements of risk management plans, and discussing various laws and policies around safety, discrimination, privacy, and accommodating individuals with disabilities. Real-world examples are requested from attendees to illustrate these concepts in practice. Attendees are encouraged to develop job descriptions, handbooks, screening processes and orientations to set clear expectations and mitigate risks for their organizations.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
This presentation includes basic of PCOS their pathology and treatment and also Ayurveda correlation of PCOS and Ayurvedic line of treatment mentioned in classics.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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Training: ISO/IEC 27001 Information Security Management System - EN | PECB
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Webinars: https://pecb.com/webinars
Article: https://pecb.com/article
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বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
हिंदी वर्णमाला पीपीटी, hindi alphabet PPT presentation, hindi varnamala PPT, Hindi Varnamala pdf, हिंदी स्वर, हिंदी व्यंजन, sikhiye hindi varnmala, dr. mulla adam ali, hindi language and literature, hindi alphabet with drawing, hindi alphabet pdf, hindi varnamala for childrens, hindi language, hindi varnamala practice for kids, https://www.drmullaadamali.com
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
Reimagining Your Library Space: How to Increase the Vibes in Your Library No ...Diana Rendina
Librarians are leading the way in creating future-ready citizens – now we need to update our spaces to match. In this session, attendees will get inspiration for transforming their library spaces. You’ll learn how to survey students and patrons, create a focus group, and use design thinking to brainstorm ideas for your space. We’ll discuss budget friendly ways to change your space as well as how to find funding. No matter where you’re at, you’ll find ideas for reimagining your space in this session.
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
1. Background C hecks: EM P LOY ER B EWA R E!
Janette Levey Frisch, Esq. | Joulé, Inc.
Donald J. Cayea, Esq. | Litchfield Cavo, LLP
YOU OWN a business. Like most business owners, history. This article will focus on the use of criminal
you either employ people or will some day find background checks. So, again, can an employer
yourself in the position of doing so. Most likely, you conduct a criminal background check of its
will want to do whatever you can to ensure that you applicants? The answer is yes. What then is the
are hiring a qualified person to perform the job. You problem? Why do there seem to be ominous
will also want to assure that you are hiring someone warnings to employers who want their applicants and
that can be trusted, is honest, and who will not be a employees to submit to background checks? We hear
threat to you or your other employees in any way, and about lawsuits from disgruntled applicants or
who will not result in anyone claiming you engaged in employees. If it is permissible for employers to
negligent hiring. To that end, you will probably ask for conduct background checks of its applicants and
and check references from former employers. You employees then why do some of them find
may also decide to confirm the person’s educational themselves the target of lawsuits? The first challenge
credentials. Will you conduct a background check? is to be sure we are asking the proper question. The
There is much in the media, and in particular online, proper question is not, “Can the employer conduct a
warning employers to be careful about conducting background check?” but rather, “Can an employer use
background checks. However, there are legitimate the information found on the background check to deny
reasons why it is in the best interest as an employer to employment to the applicant or employee?”
conduct a background check. Among them are to Whether, when, and to what extent an employer
protect against so-called “negligent hiring” claims, and can use information from a background check in
in some instances to minimize the possibility of co- making its hiring decisions is determined by both
workers who may be injured or killed by a worker state and federal law. According to a recent article in
who has violent propensities. USA Today, over 25 states either have laws or
Can you, the employer conduct a background pending legislation that either prohibits or limits an
check? Is it legal? First, let us define the term. What employer’s ability to use background check
is a background check? A background check is the information. To avoid a situation similar to what
gathering of information about a person in an effort happened to Walmart in an action filed against it by a
to predict his or her future behavior. A background disgruntled employee (Richie F. Levine v. Walmart
check for employment may include interviewing Stores, Inc.) 1, be sure to secure the written consent of
neighbors or relatives and asking applicants to answer the prospective or current employee and be certain
extensive questionnaires about personal and/or that you are clear in advising her/him that the
financial history. Most often background checks company is conducting a background check which
include a search of public records to find out will include a credit report and criminal records
whether the applicant has any type of criminal search. The court in the Walmart case found that the
EMPLOYER BEWARE! | 7
2. Fair Credit Reporting Act 15 U.S.C. 1681b(b)(2)(A) demonstrate that the challenged practice is job related
does create a private right of action if an employee’s and consistent with a business necessity and that either:
consent isn’t secured. However, the federal statutory 1) each particular challenged employment practice causes
and case law has existed since 1964, long before the a disparate impact, UNLESS each element of the
passage of the Fair Credit Reporting Act. employer’s decision-making process are not capable of
Title VII of the Civil Rights Act of 1964 made separation, (then the process may be analyzed as one
employment discrimination illegal. Section 703(a) of employment practice) or 2) the applicant/employee
the Civil Rights Act provides in relevant part: demonstrates an alternative employment practice that
It shall be an unlawful employment practice for can serve the employer’s interest without having a
an employer— disparate impact and the employer refuses to adopt such
1) to fail or refuse to hire or to discharge an individual, a practice. If the employer can show that the practice
or otherwise, to discriminate against any individual with itself is not actually causing the disparate impact, then it
respect to his compensation, terms, conditions or does not have to show that the practice is required by a
privileges of employment, because of such individual’s business necessity. What does this mean? How is denying
race, color, religion, sex or national origin; or someone employment based on the results of their
2) to limit, segregate, or classify his employees or background check a practice that disproportionately
applicants for employment in any way which would impacts on minorities? Where is the discrimination?
deprive or tend to deprive any individual of employment Employee rights groups, and those advocating on behalf
opportunities or otherwise adversely affect his status as of minorities, as well as the Equal Employment
an employee, because of such individual’s race, color, Opportunity Commission argue that members of ethnic
religion, sex or national origin. minority groups, in particular African Americans and
Hispanics are more likely to be convicted of crimes than
It is clear that refusing to hire someone because of Caucasians. Therefore use of criminal background check
his or her race, color, religion, etc., is illegal, however information may have a disparate impact on minorities.
what does that have to do with refusing to hire What is a disparate impact? What is a business
someone based on results of a criminal background necessity? This is where the federal court cases play
check? Criminal background checks are not about an important role. The written opinions rendered by
race, color, religion, etc., are they? the judges help to define these terms and to provide
Section 703(k), may be helpful. It states that if an guidance as to whether and when employers can use
otherwise neutral employment practice has a disparate background checks to make employment decisions.
impact on either one particular minority group or on a While the US Supreme Court has not yet dealt
few minority groups, it may have a discriminatory effect, directly with the use of information from criminal
and therefore be an impermissible practice under Title background checks in hiring decisions 2, it did decide
VII of the Civil Rights Act. Therefore, is an employment two cases dealing tangentially with criminal behavior
practice based on a disparate impact? Section 703(k), and and the application of Title VII. The first such case
federal cases interpreting it will provide some guidance. was Griggs v. Duke Power Company 3. The Court held
First, under Section 703(k), an employee establishes a that Title VII forbids not only overtly discriminatory
disparate impact if a) an applicant or employee can show policies but “those fair in form but discriminatory in
that the employer uses an employment practice that has a operation”. The facially neutral practice in this case
disparate impact on the basis of race, color, religion, sex was the requirement that an applicant have a high
or national origin and b) the respondent fails to school diploma or pass a standardized general
8 | EMPLOYER BEWARE!
3. education test for employment in or transfer to basis of that conviction MoPac refused to hire him.
certain jobs. The plaintiff argued that the The court noted that MoPac previously excluded
requirement resulted in eliminating African applicants with arrest records but stopped doing so
Americans at a substantially higher rate than after Gregory v. Litton Systems Inc. 7 The court found that
Caucasians. The court struck down this practice, Green had made a showing of disparate impact given
finding a lack of connection to the job requirements. that statistically, MoPac’s policy excluded 53 out of
The court further held that such a practice must be every 1000 African Americans, but only 22 out of
“related to business necessity and/or job 1000 Caucasians. Specifically, the court said:
performance or it is prohibited by Title VII.” We perceive . . . [McDonnell Douglass] to suggest that
What exactly happens when an employee or a sweeping disqualification for employment resting solely
applicant alleges that a facially neutral employment on past behavior can violate Title VII where that
practice has a disparate impact on minorities? Clearly employment practice has a disproportionate racial impact
that is not the end. While it is the and rests upon a tenuous or insubstantial basis.
applicant/employee’s burden to prove that the
practice has a disparate impact, according to The court then addressed MoPac’s reasons for
McDonnell Douglas v. Green 4 the burden then shifts to claiming its policy was a business necessity,
the employer to show the practice is motivated by a specifically: a) fear of cargo theft; b) handling of
business necessity or job performance. While this company funds; c) bonding qualifications: d) possible
case also did not deal with use of a criminal impeachment of the employee as a witness; e)
background check, it did deal tangentially with possible liability for hiring those with known violent
criminal behavior. An African American employee, tendencies; f) employment disruption caused by
who had participated in various disruptive illegal recidivism, and g) alleged lack of moral character of
protests on the employer’s premises was fired by his those with convictions. The court held that while such
employer for participating in the protests. He also reasons were valid considerations, MoPac failed to
received a criminal conviction. Citing statistics that show that a less restrictive policy would not serve as
African Americans were more likely to have a well. This holding is simply another way of saying that
criminal record than Caucasians, the employee MoPac’s policy was not sufficiently narrowly tailored
alleged that the practice of refusing to re-hire him to meet those considerations, and therefore a) was
was essentially racial discrimination. The US Supreme overbroad and b) had a discriminatory racial impact.
Court held that the employer’s fear the employee Even before criminal background checks were as
would continue to be disruptive in violation of the common as they are now, courts have held that a
law was a legitimate business interest. state could logically deny employment to a convicted
Two years later, the 8th Circuit Court of Appeals 5 felon where the crime in question is related to the job
applied McDonnell Douglas to a policy of refusing qualifications. The United States District Court of
employment to anyone convicted of any crime other the Southern District of Iowa in Butts v. Nichols 8 held
than minor traffic offenses (See Green v. Missouri Pacific that a provision of the Iowa statutes which operated
Railroad Company 6). The plaintiff, an African American, across the board to bar employment of felons in civil
applied in September 1970 for a job as a clerk in the service positions without any narrowing criteria (i.e.
Railroad Company (MoPac’s) personnel office. Mr. was the felony committed relevant to the job
Green had been convicted in 1967 for refusing military qualifications, such as an applicant for a bookkeeping
induction and served 21 months in prison. On the job, who was convicted of embezzlement) was both
EMPLOYER BEWARE! | 9
4. overly broad and overly narrow. While the court, guidelines are instructive they are not necessarily
analyzed the statute under the Equal Protection entitled to great deference; rather the court will give
Clause of the 14th Amendment (denial of equal the EEOC deference in accordance with the
protection of the law to minorities) the language is thoroughness of its research and the persuasiveness
still instructive under a Title VII analysis. 9 of its reasoning. The EEOC guidelines, according to
Our discussion thus far has included disparate the Third Circuit Court of Appeals, were revised to
impact cases involving individual plaintiffs. Some of fit more with Green v. Missouri Pacific Railroad Company
the more recent cases involving the use of criminal “and do not substantively analyze Title VII.”
background checks in the hiring process have involved El v. SEPTA also touched on the issue of a
the Equal Employment Opportunity Commission plaintiff ’s responsibility when the court engages in the
(EEOC). As many of you know, the Civil Rights Act burden-shifting analysis enumerated by the US
of 1964 also created the EEOC, an independent Supreme Court in McDonnell Douglass. Mr. El applied
agency intended to eliminate employment and was conditionally hired to drive paratransit buses
discrimination based on race, color, religion, gender, for the mentally and physically handicapped. Forty
disability, age or other criteria unrelated to job years prior, Mr. El was convicted of murder. SEPTA’s
performance. It investigates complaints of policy disqualified applicants with prior criminal
discrimination, files employment discrimination convictions.14 Citing the disproportionate number of
lawsuits (usually on behalf of a class of plaintiffs who minorities with convictions, El, an African American,
have endured similar patterns of discrimination by the alleged discrimination based on disparate impact.
same employer), and is responsible for enforcing equal SEPTA argued that the policy furthered its business
opportunity laws in federal departments, offices and necessity of keeping its passengers safe. In support of
agencies. The EEOC has recently attempted to its argument, SEPTA presented an expert report and
address the often disparate impact of using criminal testimony from an educational psychologist, finding
background checks on applicants and employees of that a) disabled people are more likely than others to
minority background. The EEOC has also issued be victims of violent or sexual crimes and b)
guidelines as criteria for how and when employers may employees of transportation providers commit a
use criminal background check results to deny disproportionate share of those crimes. The burden
employment. The employer must consider: then shifted to Mr. El to submit his own evidence
I The nature and gravity of the offense; rebutting the findings in the report. Mr. El did not do
I The amount of time that has passed since the so, and therefore the court found that SEPTA had
conviction and/or completion of sufficiently proven that its policy furthered a business
the sentence; necessity. The court did suggest that evidence in
I The nature of the job held or sought. rebuttal might have led to a different ruling when it
(EEOC Compliance Manual Section 605). 10 said “Though we have reservations about such a policy
While the EEOC guidelines are instructive, the in the abstract, we affirm [the lower court’s ruling in
federal courts do not necessarily apply and favor of SEPTA] . . . because El did not present any
interpret them in the same manner as the EEOC. evidence to rebut SEPTA’s expert testimony”.
Some courts will still require a causal link between
The Third Circuit Court of Appeals in El v. alleged hiring disparities and an employer’s
SEPTA 11, citing Griggs v. Duke Power Company 12, and conviction policy. For example, in EEOC v. Carolina
Skidmore v. Swift & Co. 13, held that while EEOC Freight Carriers Corporation 15, the EEOC argued that
10 | EMPLOYER BEWARE!
5. Carolina Freight’s refusal to hire an Hispanic truck which opened during the period of the applicant’s
driver on a full-time basis at one of its terminals was employment as a casual driver, were all filled by
discrimination, and that it retaliated against the driver Hispanics, the EEOC study did not adequately define
by discontinuing him as a casual truck driver when he the relevant labor market. The court therefore held
filed a discrimination complaint. 16 The driver in that it was reasonable for Carolina Freight to rely on
question applied for a full-time driver position in an applicant’s criminal record to predict
1980, and had convictions from 1968 and 1969 for trustworthiness. Carolina Freight offered the need to
larceny and receiving stolen property. Carolina minimize business losses from employee theft as the
Freight, in the job application asked if the applicant business necessity justifying its policy, and also
had ever been convicted of a crime other than minor offered evidence that its theft losses were lower than
traffic violations, without any time limit (for example the average in the trucking industry as a whole, and a
limiting the question about convictions to the last lack of contrary proof offered by the EEOC.17
three years). Pursuant to a Consent Decree it EEOC v. Con-Way Freight 18, seems to take a
previously entered into with the US Department of direction opposite that of the other cases we have
Justice, Carolina Freight’s policy was as follows: analyzed. The EEOC filed on behalf of an African
1. Applicants were to have no more than three American woman applying for a customer service
convictions within the three years immediately position, who had two prior shoplifting convictions,
preceding the application date if the sentence was and did not get the position. The employer had a
for a $25.00 fine or less, OR policy against hiring applicants with theft-related
2. Where the conviction for other than a minor convictions. The applicant alleged that the Vice
traffic violation was within three years prior to the President had made a racial slur and that she was not
application date and the fine was more than $25.00 hired because of her race. This case appears to differ
or 6 months’ license suspension or both; and from other cases involving allegations of disparate
3. No felony theft or larceny convictions within impact caused by criminal conviction policies in that
the applicant’s lifetime that resulted in an active this court, did not examine the policy or discuss
prison or jail sentence. business necessity. It simply held that the EEOC did
not provide sufficient evidence of a causal link
Based on a study offered by the EEOC, the court between the racial slurs and the failure to hire her.
found that the EEOC had proved that Hispanics The court, citing McDonnell Douglass, ruled that the
were convicted at higher rates than their non- applicant had to prove that she was qualified for the
Hispanic counterparts, and that denying them position but was denied the position in favor of a
employment based on a theft conviction adversely non-African American. The court reasoned that since
affected them, and to a much greater degree than her shoplifting convictions automatically disqualified
non-Hispanics so convicted. The court then went on her for the position, she could not prove that she was
to hold that the EEOC failed to prove by qualified.19 This case, contrasted with the other ones
preponderance of the evidence (i.e. that it is more we have discussed, illustrates what happens to the
likely than not) that there was sufficient imbalance of interpretation of a federal statute when the US
Hispanics at the terminal in question, or that the Supreme Court has yet to rule on a particular issue.
alleged disparity in hiring was due to Carolina Since one district or circuit court’s ruling is not
Freight’s conviction policy. The court went further by binding on either a higher court of courts in other
saying that while the six regular truck driver positions circuits or districts, finding a cohesive, unified set of
EMPLOYER BEWARE! | 11
6. rules to guide employers becomes a challenge. policy with a disparate impact on minorities and
What are the lessons that employers can learn from resting “upon a tenuous or insubstantial basis.”
the cases we have discussed? The EEOC has its 3. Considering the nature of and time elapsed
guidelines, and has clearly communicated its intention since the offense and the nature of the position
to scrutinize employers’ use of criminal background sought in order to determine whether the policy is
checks in making its hiring decisions. The federal narrowly tailored to meet a business necessity.
district courts and the circuit courts of appeals have
shown that they do not necessarily defer to the CONCLUSION
EEOC’s guidelines or its judgment. So what is an Now, returning to our question: Can an employer use
employer in this situation to do—or put another way, information gained from a criminal background
what if anything can an employer glean from the check to deny a candidate employment or to
above cases to protect its business (and safety) terminate an employee? Our analysis of federal court
interests, protect itself from liability for negligent cases, though not necessarily binding across the
hiring and from liability for discrimination based on country, indicates that with a policy narrowly tailored
disparate impact? to meet a legitimate business necessity the answer
Perhaps we can find a pattern in all if not the appears to be “yes.” Even the Federal Trade
majority of the cases cited. Here are some of the Commission has weighed in on the subject by issuing
commonalities: a bulletin interpreting the Fair Credit Reporting Act.
1. In general the courts appear to be looking for As an employer, you may use consumer reports when you
employers to articulate a logical reason for their hire new employees and when you evaluate employees for
particular policies, connected with a business need promotion, reassignment, and retention — as long as
(business necessity). you comply with the Fair Credit Reporting Act
2. Courts tend to inquire as to whether the policy is (FCRA). Sections 604, 606, and 615 of the FCRA
narrowly tailored to meet the business necessity spell out your responsibilities when using consumer
articulated. For example, a court may strike down an reports for employment purposes.
across-the-board policy against hiring anyone who
ever had any type of criminal conviction. In contrast, Until such time as the United States Supreme
a policy that disallows hiring persons with convictions Court rules directly on the issue, beware of the
in the last ten years related to honesty or theft for an points discussed above--- and, as Sergeant Phil
accounting or bookkeeping position would probably Esterhaus used to say on Hill Street Blues, “Hey, let’s
be upheld. Green v. MoPac is a prime example of a be careful out there!”
12 | EMPLOYER BEWARE!
7. ENDNOTES
1 Richie F. Levine v. Walmart Stores, Inc., US Dist Ct Mid Dist Pa 07-CV 1856
2 The US Supreme Court has yet to decide this specific issue. The recent case of NASA v. Nelson et al 562 US
___ (2011) discussed questionnaires given to candidates and dealt with the issue of whether they violated one’s
right to informational privacy and analyzed the practice under the 14th Amendment to the Constitution.
3 Griggs v. Duke Power Company, 401 US 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971)
4 McDonnell Douglas v. Green, 411 U.S., 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)
5 Represents Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota.
6 Green v. Missouri Pacific Railroad Company, 523 F.2d 1290 (1975)
7 Gregory v. Litton Systems Inc., 472 F.2d631, employer’s policy of barring from employment anyone arrested on
“a number of occasions” disproportionately impacted minorities, was not narrowly tailored to meet a
legitimate business interest, and therefore violated Title VII.)
8 Butts v. Nichols, 381 F.Supp.573 (1974)
9 In contrast, the US Supreme Court also allowed the New York City Transit Authority to refuse to hire
anyone using methadone to treat their addiction to illegal drugs (even if a disproportionate number of
methadone users were of minority background) for “safety sensitive” positions on the city transit system
because such a policy “serves the legitimate employment goals of safety and efficiency” See NYCTA v.
Beazer 440 U.S. 568, 581 (1979).
10 The EEOC guidelines also discourage use of arrest records to deny employment unless the arrest is related
to the job functions or safety and well being of others.
11 El v. SEPTA, 439 F.3d 232 (1987)
12 Griggs v. Duke Power Company, 401 US at 436
13 Skidmore v. Swift & Co., 323 US 134, 140 (1944)
14 SEPTA was a subcontractor of another company, which prohibited SEPTA from hiring anyone with a
violent criminal conviction.
15 EEOC v. Carolina Freight Carriers Corporation, 723 F.Supp. 734 (S.D. Florida, 1989)
16 Title VII also prohibits retaliation against anyone who complains of discrimination or who cooperates with
an investigation of any discrimination complaint.
17 The court cited and seemed to rely on Richardson v. Hotel Corporation of America 332 F.Supp. 519 (E.D.
Louisiana 1971), which upheld termination of an African American bellboy, mistakenly hired before the
results of his criminal background check (showing a conviction for receiving stolen goods). Since bellmen
have access to guests’ rooms, luggage and keys, the court felt that his discharge was related to his job
functions and the employer’s business interest. White bellmen were subjected to the same requirements. Mr.
Richardson was also offered other employment that was less “security sensitive”.
18 EEOC v. Con-Way Freight, 09-2926, 09-2930 (8th Cir. 2010)
EMPLOYER BEWARE! | 13
8. 19 While EEOC v. Freeman RWT –09cv2573 (Dist. MD 2010) is an EEOC case involving a criminal conviction
policy; it really did not deal with the policy itself. The court essentially ruled that the EEOC stands in the
shoes of the individual or class of plaintiffs it represents. Therefore the EEOC cannot seek relief in a
lawsuit under Title VII for individuals denied employment after the individual has passed the time limit for
filing the charge that prompted the EEOC’s investigation.
14 | EMPLOYER BEWARE!