Karl Ulrich, Esq., Shareholder at Sebaly Shillito + Dyer and OSBA Board Certified Labor & Employment Law Specialist, gave a presentation at OhioMeansJobs, 4631 Dixie Highway in Fairfield, Ohio with Matt Messersmith
of Signet Pre-Employment Screening. They explored information to consider when hiring new employees.
EEOC Action on Criminal Background Checks for EmploymentUmesh Heendeniya
The EEOC is scheduled to vote on updating its 25-year old guidance on the use of criminal background checks in employment. This action is timely given the significant growth in criminal background checks since the 1987 guidance. Criminal background checks now impact an estimated 65 million U.S. workers, disproportionately affecting people of color. The updated EEOC guidance will clarify requirements for employers to ensure criminal background checks comply with civil rights laws and do not unjustly restrict employment opportunities.
The document summarizes the benefits and types of background screening for employment purposes. It notes that 53% of job applications contain false information. Background screening can reveal criminal history, verify education and employment, and reduce hiring risks. Types of screening include criminal history checks at the state, county, national levels, sex offender checks, education and employment verification, drug testing, and reference checks. The document provides examples of hiring issues that were caught by background checks and urges employers to screen candidates to prevent risks like theft, liability, and hiring unqualified candidates.
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 proposes a comprehensive sexual harassment policy for Arbor Building Services to comply with legal requirements and prevent costly lawsuits. It outlines the need for a policy due to a recent sexual harassment lawsuit filed against the company. The policy aims to clearly define harassment, establish procedures for reporting incidents and investigating complaints, ensure confidentiality, provide training to promote prevention, and designate an employee to coordinate compliance. Research cited shows sexual harassment claims and related costs to companies have sharply increased in recent years, emphasizing the importance of a strong policy.
R2P Community Impact Guide 2013 8 22 (2)Julie Sweeney
This document summarizes guidance from the Equal Employment Opportunity Commission (EEOC) on how employers can safely limit the use of criminal records in hiring. It discusses how overuse of criminal records disproportionately impacts minority communities and can violate anti-discrimination laws. The EEOC guidance encourages individualized assessments of criminal histories that consider the nature of the offense, time since conviction, and relevance to the job. It recommends against blanket bans and considering arrests without convictions. The document provides best practices for employers, such as not asking about convictions initially, only using conviction records, limiting how far back convictions are considered, and giving applicants a chance to challenge reports. It encourages community members to educate employers on these issues.
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.
EEOC Action on Criminal Background Checks for EmploymentUmesh Heendeniya
The EEOC is scheduled to vote on updating its 25-year old guidance on the use of criminal background checks in employment. This action is timely given the significant growth in criminal background checks since the 1987 guidance. Criminal background checks now impact an estimated 65 million U.S. workers, disproportionately affecting people of color. The updated EEOC guidance will clarify requirements for employers to ensure criminal background checks comply with civil rights laws and do not unjustly restrict employment opportunities.
The document summarizes the benefits and types of background screening for employment purposes. It notes that 53% of job applications contain false information. Background screening can reveal criminal history, verify education and employment, and reduce hiring risks. Types of screening include criminal history checks at the state, county, national levels, sex offender checks, education and employment verification, drug testing, and reference checks. The document provides examples of hiring issues that were caught by background checks and urges employers to screen candidates to prevent risks like theft, liability, and hiring unqualified candidates.
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 proposes a comprehensive sexual harassment policy for Arbor Building Services to comply with legal requirements and prevent costly lawsuits. It outlines the need for a policy due to a recent sexual harassment lawsuit filed against the company. The policy aims to clearly define harassment, establish procedures for reporting incidents and investigating complaints, ensure confidentiality, provide training to promote prevention, and designate an employee to coordinate compliance. Research cited shows sexual harassment claims and related costs to companies have sharply increased in recent years, emphasizing the importance of a strong policy.
R2P Community Impact Guide 2013 8 22 (2)Julie Sweeney
This document summarizes guidance from the Equal Employment Opportunity Commission (EEOC) on how employers can safely limit the use of criminal records in hiring. It discusses how overuse of criminal records disproportionately impacts minority communities and can violate anti-discrimination laws. The EEOC guidance encourages individualized assessments of criminal histories that consider the nature of the offense, time since conviction, and relevance to the job. It recommends against blanket bans and considering arrests without convictions. The document provides best practices for employers, such as not asking about convictions initially, only using conviction records, limiting how far back convictions are considered, and giving applicants a chance to challenge reports. It encourages community members to educate employers on these issues.
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.
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.
Institutional Sources of Corruption in the Case of ArmeniaCRRC-Armenia
This document analyzes the relationship between perceptions of corruption in Armenia and three institutional sources: formal rules, informal rules, and enforcement mechanisms. Statistical models show perceptions of enforcement mechanisms and informal rules significantly correlate with perceived corruption, but not formal rules. Higher education levels also correlate with higher perceived corruption. The document recommends reforms like transparency laws and judicial reforms to strengthen enforcement mechanisms to reduce corruption by impacting informal norms.
There were major forces at work this past year that have made the labor and employment landscape in 2015 more dynamic and unpredictable than in recent years. A volatile political climate, still-sluggish economy, historic swing in the mid-term elections and aggressive federal initiatives have left many employers wondering what 2015 holds in store. In this report, we cover some of the hottest employment and health care trends, plus new payroll, tax and benefits information.
The State of Employment Law: How to Comply with Trending Hiring LawsComplyRight, Inc.
The second in our two-part series, this presentation offers valuable insights on the state of employment law today. This time, we’re covering the major trends (and challenges) every employer must manage for more effective hiring. For example, did you know more than 33 states now restrict criminal history inquiries, and salary history bans are in effect in 11 states?
Get expert direction on the best strategies — and practical solutions — for maintaining compliance and shielding your business from legal risk.
1984 in 2015 Protecting Employees' Social Media from MisuseWendi Lazar
This document discusses employers' increasing access to employees' personal information through social media and other online sources, and the legal issues surrounding employers using this information to make hiring, firing, and promotion decisions. It provides examples of employers denying a promotion due to social media photos, and firing an employee due to hobbies revealed online. While some laws prohibit discrimination, there is no comprehensive protection for employees' personal online activities. The document argues for stronger legal protections to prevent privacy violations and discrimination in the workplace.
This document provides an overview of criminal background checks for employers and property managers. It discusses the key reasons to conduct criminal record searches, including protecting the organization, reducing turnover, strengthening compliance with regulations, and decreasing legal risks. It also outlines the typical criminal record information that can be uncovered in a search, such as arrest records, convictions, and dismissals. The document explains that criminal records can be stored in various law enforcement, court, and corrections databases across jurisdictions. It also summarizes the key rules regarding criminal background checks, such as the Fair Credit Reporting Act, and discusses some other international privacy laws and regulations.
The electronics industry is one of the fastest growing sectors of the global economic environment, but it is also one of the least researched businesses in regards to labor practices and worker conditions. The ubiquity of uninterrupted purchasing, using, and discarding of digital technology has inevitably increased demand for electronics manufacturing, which in turn fuels the need for cheaper, faster, and more efficient labor output. Consequently, many of these industries circumvent and violate national labor laws, mainly by outsourcing to developing countries, to maximize and maintain a high rate of production and distribution. In addition, many of these factories are incredibly “dirty” facilities, where workers are often unknowingly exposed to toxic chemicals that are used to make the electronic parts. The following presentation attempts to elucidate many secrets of the international electronics sector, focusing on the violation of human rights and the potential risk posed to human health and safety due to unethical labor practices.
Session 1 - Vero (Catch Me if You Can) event presentation with videoHr NETWORK Magazine
Vero Screening Ltd provides employee screening services to help protect organizations from insider threats. Rogue employees can cost businesses millions through fraud. Common types of employee fraud include CV and resume fraud, financial fraud, and data theft. Organizations should conduct screening at recruitment to verify identities and credentials. Ongoing monitoring of employee behavior can also help identify at-risk individuals showing signs like lifestyle changes, financial issues, or sudden loss of interest in work. Comprehensive screening combined with a positive company culture that prioritizes ethics can help reduce insider threats.
The document discusses federal laws regarding the employment of teenage workers during the summer, noting that the Department of Labor, Equal Employment Opportunity Commission, and Occupational Safety and Health Administration provide information to teenagers about their rights in the workplace. Employers are advised to inform managers about these rights to prevent illegal harassment or discrimination against teenage employees and ensure they are paid properly and work in safe conditions.
David Cuillier offered this 39-page handout to journalists attending APME's Phoenix NewsTrain on April 6-7, 2018. Cuillier is associate professor at and director of the University of Arizona School of Journalism. This handout was produced by Cuillier, Charles N. Davis from the University of Georgia and Joel Campbell from Brigham Young University, all three SPJ newsroom trainers in freedom of information (www.spj.org). It includes sections on the news stories possible with public records, strategies for accessing public records, and resources on access and on data. It accompanies Cuillier's Phoenix NewsTrain presentation of the same name. A second handout with the presentation is a pop quiz on Arizona public records. NewsTrain is a training initiative of Associated Press Media Editors (APME). More info: http://bit.ly/NewsTrain
Minimizing Risk within Your Organization by Auditing Your Employment PoliciesQuarles & Brady
This document discusses how organizations can minimize employment risks by auditing their policies. It recommends auditing policies related to equal employment opportunities, hiring and firing practices, wage and hour compliance, protecting confidential information, workplace safety, and record keeping. Conducting these audits can help identify policy deficiencies, reduce organizational risk, and support strategic objectives. The document provides examples of litigation and enforcement trends to demonstrate employment areas that commonly expose organizations to risks.
This document summarizes the key findings of the Freedom on the Net 2013 report, which assesses internet freedom in 60 countries. The summary finds that global internet freedom has declined for the third consecutive year, with 34 countries experiencing deterioration. Restrictions are spreading through increased censorship, surveillance, arrests for online speech, and physical attacks on internet users. However, some countries also saw improvements through reduced censorship and stronger protections for online free expression. Overall, the threats to internet freedom are becoming more widespread and sophisticated.
This document summarizes resources for researching employment law issues related to banning the box and criminal background checks. It provides an overview of relevant primary and secondary sources.
The document first discusses background checks and their disproportionate impact on protected classes. It then summarizes key internet sources like the EEOC enforcement guidance and the All of Us or None initiative.
Next, it outlines important legal treatises on hiring and firing practices and the Labor and Employment Law treatise. Practice specific sources like a BNA Insights article on statistical tools for evaluating discrimination are also highlighted.
Finally, the document discusses relevant law review articles and American Law Reports that address issues like disparate impact discrimination from criminal background checks and public sector
The document provides a summary of a policy analysis and county survey results regarding electronic poll books (EPBS). Some key findings include:
- Six counties in Minnesota participated in a 2014 EPBS pilot program, with positive feedback from voters and election judges but also technology and software issues.
- A statewide county auditor survey found 60% of counties foresee using EPBS in the future, with larger counties more likely to adopt them. Barriers to adoption included cost, staffing, and technology access.
- States like Iowa, Michigan, and Ohio have implemented EPBS programs on a statewide or county level with generally positive results, though initial challenges included training poll workers and integrating EPBS with voter registration systems.
CORI reform has been in the works for 3 years led by the Boston Worker's Alliance. While there was little support initially, recent events have led all stakeholders to agree the CORI system needs changes. Exactly what changes are debated, but proposals include shortening sealing periods, limiting access to only convictions, and anti-discrimination guidelines. The political climate is now ripe for reforming how criminal records impact employment and housing opportunities.
12.6.1 gongwer news service signing of ohio texting lawhmhollingsworth
Article in Gongwer News Service on June 1, 2012 about the signing of Ohio's new law against texting while driving, which also mentions a recent poll conducted by AT&T about texting while driving, as well as the AT&T DriveMode app which helps curb the temptation to text while driving.
This document summarizes the "Ban the Box" movement, which aims to remove barriers to employment for people with criminal records. It notes that 16 states and over 100 cities have adopted fair chance hiring policies, removing conviction history questions from job applications. The document lists cities and states that have instituted these policies. It also lists pros of Ban the Box as opening the job market and allowing second chances, and cons as potential liability and discrimination issues. It suggests employers establish policies on what criminal histories are acceptable and conduct background checks and adverse action procedures.
This document discusses the risks posed by offender computer use and strategies for managing those risks. It notes that criminals increasingly use technology and the internet to facilitate criminal plans and activities. To address this, many states have passed laws restricting computer and internet use for offenders, especially sex offenders. The document recommends a comprehensive approach to computer management for offenders that includes: 1) accurate knowledge of offender's computer access, 2) monitoring offender computer use through searches and/or monitoring software, 3) online investigations by officers, 4) using complementary technologies like GPS monitoring, and 5) continued home visits and interviews. It argues that with proper training, probation and parole officers are capable of developing the expertise needed to effectively manage cyber-risk posed by offenders.
This document discusses the importance of access to courts in holding corporations accountable for wrongdoing and protecting consumers. It argues that tort litigation provides an important check on corporate abuse when regulations are insufficient. Specifically, it provides examples of how lawsuits revealed safety issues and failures that resulted in injuries and deaths, forced compensation of victims, and in some cases led to criminal investigations and improved safety standards. Removing access to courts through tort reform reduces corporate liability and accountability, leaving many victims without justice.
2010 Privacy in the Workplace: Electronic Surveillance under State and Federa...Charles Mudd
The document summarizes key issues regarding privacy and electronic surveillance in the workplace under state and federal law. It discusses trends in increasing workplace monitoring and highlights several applicable laws, including the Electronic Communications Privacy Act, Stored Communications Act, and Computer Fraud and Abuse Act. It also covers relevant state statutes and common law privacy torts, as well as more common surveillance issues like email monitoring.
Pli workplace privacy in the year 2013 2013-6-13mkeane
Addresses privacy issues associated with hiring in a social media world, privacy issues associated with BYOD programs; employee privacy rights associated with off-duty activity including Facebook postings and activity protected by lifestyle laws.
Seven Hiring Mistakes that Could Cost You ThousandsPatrick Barnett
This document discusses 7 common hiring mistakes that can cost companies thousands of dollars:
1. Not conducting thorough criminal background checks in all relevant counties and databases. Incomplete checks increase the risk of negligent hiring lawsuits.
2. Failing to use proper consent and disclosure forms required by the Fair Credit Reporting Act (FCRA) when conducting background checks, which can result in large fines.
3. Ignoring FCRA requirements to notify applicants and give them a chance to respond before taking adverse action based on background check results.
4. Not adjusting background check policies to comply with FCRA, state laws, and EEOC guidelines, which can also result in fines or lawsuits.
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.
Institutional Sources of Corruption in the Case of ArmeniaCRRC-Armenia
This document analyzes the relationship between perceptions of corruption in Armenia and three institutional sources: formal rules, informal rules, and enforcement mechanisms. Statistical models show perceptions of enforcement mechanisms and informal rules significantly correlate with perceived corruption, but not formal rules. Higher education levels also correlate with higher perceived corruption. The document recommends reforms like transparency laws and judicial reforms to strengthen enforcement mechanisms to reduce corruption by impacting informal norms.
There were major forces at work this past year that have made the labor and employment landscape in 2015 more dynamic and unpredictable than in recent years. A volatile political climate, still-sluggish economy, historic swing in the mid-term elections and aggressive federal initiatives have left many employers wondering what 2015 holds in store. In this report, we cover some of the hottest employment and health care trends, plus new payroll, tax and benefits information.
The State of Employment Law: How to Comply with Trending Hiring LawsComplyRight, Inc.
The second in our two-part series, this presentation offers valuable insights on the state of employment law today. This time, we’re covering the major trends (and challenges) every employer must manage for more effective hiring. For example, did you know more than 33 states now restrict criminal history inquiries, and salary history bans are in effect in 11 states?
Get expert direction on the best strategies — and practical solutions — for maintaining compliance and shielding your business from legal risk.
1984 in 2015 Protecting Employees' Social Media from MisuseWendi Lazar
This document discusses employers' increasing access to employees' personal information through social media and other online sources, and the legal issues surrounding employers using this information to make hiring, firing, and promotion decisions. It provides examples of employers denying a promotion due to social media photos, and firing an employee due to hobbies revealed online. While some laws prohibit discrimination, there is no comprehensive protection for employees' personal online activities. The document argues for stronger legal protections to prevent privacy violations and discrimination in the workplace.
This document provides an overview of criminal background checks for employers and property managers. It discusses the key reasons to conduct criminal record searches, including protecting the organization, reducing turnover, strengthening compliance with regulations, and decreasing legal risks. It also outlines the typical criminal record information that can be uncovered in a search, such as arrest records, convictions, and dismissals. The document explains that criminal records can be stored in various law enforcement, court, and corrections databases across jurisdictions. It also summarizes the key rules regarding criminal background checks, such as the Fair Credit Reporting Act, and discusses some other international privacy laws and regulations.
The electronics industry is one of the fastest growing sectors of the global economic environment, but it is also one of the least researched businesses in regards to labor practices and worker conditions. The ubiquity of uninterrupted purchasing, using, and discarding of digital technology has inevitably increased demand for electronics manufacturing, which in turn fuels the need for cheaper, faster, and more efficient labor output. Consequently, many of these industries circumvent and violate national labor laws, mainly by outsourcing to developing countries, to maximize and maintain a high rate of production and distribution. In addition, many of these factories are incredibly “dirty” facilities, where workers are often unknowingly exposed to toxic chemicals that are used to make the electronic parts. The following presentation attempts to elucidate many secrets of the international electronics sector, focusing on the violation of human rights and the potential risk posed to human health and safety due to unethical labor practices.
Session 1 - Vero (Catch Me if You Can) event presentation with videoHr NETWORK Magazine
Vero Screening Ltd provides employee screening services to help protect organizations from insider threats. Rogue employees can cost businesses millions through fraud. Common types of employee fraud include CV and resume fraud, financial fraud, and data theft. Organizations should conduct screening at recruitment to verify identities and credentials. Ongoing monitoring of employee behavior can also help identify at-risk individuals showing signs like lifestyle changes, financial issues, or sudden loss of interest in work. Comprehensive screening combined with a positive company culture that prioritizes ethics can help reduce insider threats.
The document discusses federal laws regarding the employment of teenage workers during the summer, noting that the Department of Labor, Equal Employment Opportunity Commission, and Occupational Safety and Health Administration provide information to teenagers about their rights in the workplace. Employers are advised to inform managers about these rights to prevent illegal harassment or discrimination against teenage employees and ensure they are paid properly and work in safe conditions.
David Cuillier offered this 39-page handout to journalists attending APME's Phoenix NewsTrain on April 6-7, 2018. Cuillier is associate professor at and director of the University of Arizona School of Journalism. This handout was produced by Cuillier, Charles N. Davis from the University of Georgia and Joel Campbell from Brigham Young University, all three SPJ newsroom trainers in freedom of information (www.spj.org). It includes sections on the news stories possible with public records, strategies for accessing public records, and resources on access and on data. It accompanies Cuillier's Phoenix NewsTrain presentation of the same name. A second handout with the presentation is a pop quiz on Arizona public records. NewsTrain is a training initiative of Associated Press Media Editors (APME). More info: http://bit.ly/NewsTrain
Minimizing Risk within Your Organization by Auditing Your Employment PoliciesQuarles & Brady
This document discusses how organizations can minimize employment risks by auditing their policies. It recommends auditing policies related to equal employment opportunities, hiring and firing practices, wage and hour compliance, protecting confidential information, workplace safety, and record keeping. Conducting these audits can help identify policy deficiencies, reduce organizational risk, and support strategic objectives. The document provides examples of litigation and enforcement trends to demonstrate employment areas that commonly expose organizations to risks.
This document summarizes the key findings of the Freedom on the Net 2013 report, which assesses internet freedom in 60 countries. The summary finds that global internet freedom has declined for the third consecutive year, with 34 countries experiencing deterioration. Restrictions are spreading through increased censorship, surveillance, arrests for online speech, and physical attacks on internet users. However, some countries also saw improvements through reduced censorship and stronger protections for online free expression. Overall, the threats to internet freedom are becoming more widespread and sophisticated.
This document summarizes resources for researching employment law issues related to banning the box and criminal background checks. It provides an overview of relevant primary and secondary sources.
The document first discusses background checks and their disproportionate impact on protected classes. It then summarizes key internet sources like the EEOC enforcement guidance and the All of Us or None initiative.
Next, it outlines important legal treatises on hiring and firing practices and the Labor and Employment Law treatise. Practice specific sources like a BNA Insights article on statistical tools for evaluating discrimination are also highlighted.
Finally, the document discusses relevant law review articles and American Law Reports that address issues like disparate impact discrimination from criminal background checks and public sector
The document provides a summary of a policy analysis and county survey results regarding electronic poll books (EPBS). Some key findings include:
- Six counties in Minnesota participated in a 2014 EPBS pilot program, with positive feedback from voters and election judges but also technology and software issues.
- A statewide county auditor survey found 60% of counties foresee using EPBS in the future, with larger counties more likely to adopt them. Barriers to adoption included cost, staffing, and technology access.
- States like Iowa, Michigan, and Ohio have implemented EPBS programs on a statewide or county level with generally positive results, though initial challenges included training poll workers and integrating EPBS with voter registration systems.
CORI reform has been in the works for 3 years led by the Boston Worker's Alliance. While there was little support initially, recent events have led all stakeholders to agree the CORI system needs changes. Exactly what changes are debated, but proposals include shortening sealing periods, limiting access to only convictions, and anti-discrimination guidelines. The political climate is now ripe for reforming how criminal records impact employment and housing opportunities.
12.6.1 gongwer news service signing of ohio texting lawhmhollingsworth
Article in Gongwer News Service on June 1, 2012 about the signing of Ohio's new law against texting while driving, which also mentions a recent poll conducted by AT&T about texting while driving, as well as the AT&T DriveMode app which helps curb the temptation to text while driving.
This document summarizes the "Ban the Box" movement, which aims to remove barriers to employment for people with criminal records. It notes that 16 states and over 100 cities have adopted fair chance hiring policies, removing conviction history questions from job applications. The document lists cities and states that have instituted these policies. It also lists pros of Ban the Box as opening the job market and allowing second chances, and cons as potential liability and discrimination issues. It suggests employers establish policies on what criminal histories are acceptable and conduct background checks and adverse action procedures.
This document discusses the risks posed by offender computer use and strategies for managing those risks. It notes that criminals increasingly use technology and the internet to facilitate criminal plans and activities. To address this, many states have passed laws restricting computer and internet use for offenders, especially sex offenders. The document recommends a comprehensive approach to computer management for offenders that includes: 1) accurate knowledge of offender's computer access, 2) monitoring offender computer use through searches and/or monitoring software, 3) online investigations by officers, 4) using complementary technologies like GPS monitoring, and 5) continued home visits and interviews. It argues that with proper training, probation and parole officers are capable of developing the expertise needed to effectively manage cyber-risk posed by offenders.
This document discusses the importance of access to courts in holding corporations accountable for wrongdoing and protecting consumers. It argues that tort litigation provides an important check on corporate abuse when regulations are insufficient. Specifically, it provides examples of how lawsuits revealed safety issues and failures that resulted in injuries and deaths, forced compensation of victims, and in some cases led to criminal investigations and improved safety standards. Removing access to courts through tort reform reduces corporate liability and accountability, leaving many victims without justice.
2010 Privacy in the Workplace: Electronic Surveillance under State and Federa...Charles Mudd
The document summarizes key issues regarding privacy and electronic surveillance in the workplace under state and federal law. It discusses trends in increasing workplace monitoring and highlights several applicable laws, including the Electronic Communications Privacy Act, Stored Communications Act, and Computer Fraud and Abuse Act. It also covers relevant state statutes and common law privacy torts, as well as more common surveillance issues like email monitoring.
Pli workplace privacy in the year 2013 2013-6-13mkeane
Addresses privacy issues associated with hiring in a social media world, privacy issues associated with BYOD programs; employee privacy rights associated with off-duty activity including Facebook postings and activity protected by lifestyle laws.
Seven Hiring Mistakes that Could Cost You ThousandsPatrick Barnett
This document discusses 7 common hiring mistakes that can cost companies thousands of dollars:
1. Not conducting thorough criminal background checks in all relevant counties and databases. Incomplete checks increase the risk of negligent hiring lawsuits.
2. Failing to use proper consent and disclosure forms required by the Fair Credit Reporting Act (FCRA) when conducting background checks, which can result in large fines.
3. Ignoring FCRA requirements to notify applicants and give them a chance to respond before taking adverse action based on background check results.
4. Not adjusting background check policies to comply with FCRA, state laws, and EEOC guidelines, which can also result in fines or lawsuits.
This document discusses social media's impact on pre-employment screening. It provides statistics on social media usage and outlines common pre-screening practices like background checks. However, social media screens pose unique legal issues around discrimination, privacy, and unauthorized access. The document reviews relevant laws and considers best practices for social media screening to avoid legal risks. It also introduces Signet Screening's social media investigation reports and services to help navigate these issues.
10 Trending Employee Relations Issues for 2016HR ACUITY LLC
This document discusses several trending employee relations issues for 2016, including same-sex marriage benefits, social media policies, tattoo policies, transgender employee policies, performance reviews, medical marijuana, "ban the box" policies, reverse mentoring, the Affordable Care Act employer mandate, and confidentiality in workplace investigations. Key issues around each topic center on balancing employee rights and privacy with business interests.
Social Media in the Workplace and BeyondAlexNemiroff
This document summarizes key legal issues related to social media use in the workplace. It discusses what constitutes social media, how much time employees spend on social media sites during work hours, and both employee and employer views on social media monitoring. It outlines legal risks for employers, such as negligent hiring, discrimination, and reputational harm. It also discusses constraints on employee discipline related to social media use and privacy issues concerning employee monitoring.
Social Media: What's Not to Like About Social Media in the Workplace?Parsons Behle & Latimer
This document provides a summary of a presentation on social media in the workplace. It discusses both benefits and risks of social media use. On the benefits side, social media can help market and promote businesses, as an effective recruiting tool, and for networking opportunities. However, there are also downsides, such as being a drain on productivity, enabling harassment and discrimination, and risking disclosure of confidential information. The presentation then covers specific issues around using social media for screening tools, limiting disruptive employee behavior online, and preventing "sock puppetry" where employees pose as independent reviewers to promote their own company. It provides examples and guidance on how employers can address these issues legally and effectively.
This document discusses privacy and workplace issues. It addresses the moral issues around organizational influence on employees' private lives and obtaining personal information. It also covers working conditions like health and safety, management styles, childcare policies, and redesigning work to improve job satisfaction. The key topics are the tension between employee privacy rights and employers' interests, and how work design impacts worker well-being.
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.
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.
http://ssrn.com/abstract=1478214
Contrary to what many marketers claim, most adult Americans (66%) do not want marketers to tailor advertisements to their interests.
High-Risk Hiring: 6 Hidden Compliance Traps to Avoid When Screening ApplicantsSnag
“Ask this, but don’t ask that.” The “shoulds” and the “should nots” around screening and hiring applicants seem to get more daunting by the year. The wrong move in the hiring process can end up costing your business tens of thousands in legal fines and damages.
Check out our ‘High-Risk Hiring’ presentation, featuring Jackson Lewis law firm, a national leader in every aspect of employment law, to:
-- Discover exactly how the hiring process can impact legal exposure for your company and the risk you face for noncompliance
-- Learn the difference between diversity and EEO … and which interview questions you should avoid asking
-- Understand the right and wrong way to conduct pre-employment screening, such as background and credit checks
-- See how hiring software can help you decrease risk, turnover and screening costs
HIPAA Violations and Penalties power pointDeena Fetrow
This document discusses HIPAA violations and penalties. It provides background on privacy acts leading to HIPAA and outlines stakeholders covered by HIPAA regulations like patients, physicians, hospitals, payers, and communities. The document presents the problem statement that theft of personal information has become easy and discusses HIPAA components and a PICOT question regarding if stricter penalties would reduce future violations. Literature on HIPAA violations in various countries supports stricter penalties. The proposed solution is to increase penalties to incentivize covered entities to take responsibilities more seriously and protect patient data.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
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.
SM Impact and Ethics in Workplace_Atansuyi, Kostak and Manhanga_073012_FINALJohn Kostak
This document discusses the impact of social media on employee terminations and the related ethical considerations. It provides examples of cases where employees were fired for negative social media posts about their employers or coworkers. It explores the challenges faced by governments and companies regarding employee rights and privacy in the digital age. Laws and policies around employment contracts, privacy, and freedom of speech are examined. The conclusion considers how ethics could help define appropriate boundaries for both employees and employers regarding social media use.
EY Reining-in-sexual-harassment-at-the-workplace-in-india surveyAkhilesh Krishnan
1) A survey by EY finds that while many companies have taken initial steps to comply with India's law against sexual harassment, such as forming internal committees, true compliance and awareness remains low.
2) Areas that require more work include training internal committee members, publicizing consequences of harassment, and ensuring employees understand their rights and reporting procedures.
3) Non-compliance can result in penalties for companies, but handling complaints properly is also important to avoid reputational damage from mishandled cases.
Similar to Ohio Means Jobs: Background Checks 101 (20)
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
2. Change in the Workplace . . .
1950 – clerical jobs were 75% of federal workforce.
Now, just 7%.
69% of employers use some form of background check
for candidates.
94% of recruiters use social networks for recruiting;
and 74% of hired candidates were found through
social media.
3. Change in the Workplace . . .
1 billion women will enter the workforce in the next decade
In US, 10 million more women than men earned college
degrees
70% of fathers said they would consider being an at home
parent
1/3 of middle class workers expect to work into their 80s
44% of millennials believe marriage is obsolete
33% met online
4. Change . . .
70% of millennials might reject a traditional business to
work independently
50% plan to leave employer after two years
75% of people voluntarily leaving jobs don’t quit their
jobs, they quit their bosses
72% increase in age related claims with the EEOC since
2006
5. Our Goals Today:
Key Legal Rules Governing Use of Background Checks
- Basic Rules Governing the Hiring Process
- Background Checks – The Nuts and Bolts
- Emerging trends and new laws
6. Some Cautionary Tales
The Case of the Spurned Scientist – Gaskill v. University of
Kentucky
With Facebook Friends Like These, Who Needs Enemies –
Ehling v. Monmouth Ocean Hospital Services
7. Key Laws Affecting Pre-Employment
Discrimination: Title VII; ADEA; ADA; GINA; IRCA
- Race, color, sex (including pregnancy), religion, national
origin, age, disability, genetic information and citizenship
- Prohibited Inquiries: medical history, genetic information,
pregnancy plans, disability, religious affiliation, etc
- Trending – sexual orientation (20 states plus DC); gender
identity (12 states plus DC). Ohio is not one of them.
8. Key Laws Affecting Pre-Employment
Invasion of Privacy
Federal Stored Communications Act(“SCA”):
- Protects information the communicator meant to keep private.
- Applies to: (1) electronic communications; (2) transmitted via
electronic communications service; (3) that are in
electronic storage; and (4) that are not public.
- Authorized User Exception
9. Key Laws Affecting Pre-Employment
Fair Credit Reporting Act – Basic requirements for
obtaining outside background checks:
- Disclose to the applicant that report will be obtained for
employment purposes;
- Obtain applicant’s authorization;
- In the event of adverse action, provide a copy of report
and a description of applicant’s rights to applicant
10. Key Laws Affecting Pre-Employment:
New EEOC Guidance: Pregnancy Discrimination Act
(July, 2014)
Reaction to 35% increase in pregnancy discrimination
charges in the last 10 years
First update of the EEOC’s guidance since 1983
10
11. Key Laws Affecting Pre-Employment:
Guidance Points
- Covers current pregnancy, past pregnancy, and a
woman’s potential to become pregnant
- Generally prohibits discrimination in all aspects of
employment – pay, job assignments, promotions, layoffs,
training, and fringe benefits
- Employers cannot defend against a pregnancy
discrimination charge based on fears of danger to the
employee or her fetus, or fears of potential tort liability
- Employers should avoid asking applicants or employees
about issues such as pregnancy
11
12. Key Laws Affecting Pre-Employment: Arrest
and Conviction Records
Highlights of EEOC Enforcement Guidance - 2012:
- Applies to volume hiring
- Avoid blanket “no criminal conviction” policies/practices
- May consider convictions if “job related and consistent
with business necessity.”
- Cannot disqualify on fact of arrest alone.
- Targeted Screens are valid if individualized assessment
of: (1) nature of crime; (2) time elapsed; and (3) nature
of the job.
12
13. Key Laws Affecting Pre-Employment:
Hiring and Social Media
Currently, 17 states have enacted laws prohibiting
employers from asking current or prospective
employees for their passwords to social media
accounts
13
14. Key Laws Affecting Pre-Employment:
Hiring and Social Media
17 states with these laws: Arkansas, California,
Colorado, Illinois, Louisiana, Maryland, Michigan,
Nevada, New Hampshire, New Jersey, Oklahoma,
Oregon, Rhode Island, Tennessee, Utah, Washington,
and Wisconsin
New Mexico only prohibits employers from asking
prospective employees for their passwords
In Ohio, a bill has been introduced but not passed
16. What it is…
Pre-employment screening refers to the process of
investigating the backgrounds of potential employees
and is commonly used to verify the accuracy of an
applicant's claims as well as to discover any possible
criminal history*
Comprehensive report of a job applicant based on an
organization's Human Resources hiring policy
http://en.wikipedia.org/wiki/Background_check
17. What it is not…
It is NOT a private investigation into a candidate
A recommendation to hire/not hire
Not an intrusive look into a candidate’s private life such
as sexual preference, religion, age, race etc.
18. Why Screen?
The goal of pre-employment screening is to protect an
organization’s employees, property, assets, & reputation
and to make quality hiring decisions
Top 3 reasons you want to do pre-employment
screening:
1. Avoid hiring people with extensive criminal history
2. People lie on their resumes
3. Maintain a positive company reputation
19. Criminal Examples Reagan v. Dunaway Timber Company
“Trucking company's negligent hiring practices lead to
fatal collision” – www.justice.org
A jury in an Arkansas federal court awarded $7 million
damages to the family of a man killed in a 2008
a wrongful death lawsuit
“The plaintiffs presented expert testimony that the
company’s hiring policies, practices, and procedures
inadequate. They also offered evidence that Dunaway
could have learned about Quisenberry’s prior license
revocations with a simple and inexpensive background
search.”
20. Resume Falsifications
How many people lie on their resume?
46% of people have lied on resumes and job applications
50% of people have at least a small amount of misleading or inflated
content on their resumes
Top 5 Resume Lies
1) Exaggerated job titles and responsibilities
2) Falsification of education credentials
3) Covering up criminal records
4) Inflated salaries
5) Falsified dates of employment
http://www.statisticbrain.com/resume-falsification-statistics/
21. Shocking Resume Lies
ScottThompson;Yahoo’s
CEO
Marilee Jones; MIT Dean of
Admissions
Jack Grubman; Salomon
Smith Barney
Patrick Couwenberg; Los
Angeles Superior Court
23. Types of Screenings
Criminal History
EmploymentVerification
EducationVerification
Driver’s License
Social Media
Drug Screen
Credit History
…and more!
24. Proper Criminal Screens
SkipTrace (SSNValidation and Address History)
County Criminal Research
- Screen Scraping vs. In Person
-Typo’s on names and DOB
- 7Year History
National Database Search
25. Considerations
Fair Credit ReportingAct (FCRA) Compliance
Must get signed authorization from the candidate before a
screening can be done
This authorization must be a separate document from the
application
Adverse action based on a
screening requires specialized
documentation; including
pre-adverse action and
adverse action letters
26. Pitfalls to Avoid
Disregarding your applicants rights
“Instant Checks”
Screen Scraping
Inconsistent Application of Policies
Discrepancies between staffing standards and your
company standards
28. Ban The Box Legislation
13 states have now adopted “ban the box” laws
They are: California, Colorado, Connecticut, Delaware,
Hawaii, Illinois, Maryland, Massachusetts, Minnesota,
Nebraska, New Mexico, New Jersey, Rhode Island
3 states prohibit discrimination based upon a criminal
record
28
29. Ban The Box, (cont’d)
Ohio – HB 235 pending before the Commerce, Labor
and Technology Committee
Canton, Cincinnati, Cleveland, Massillon and
Youngstown have already implemented “ban the box”
ordinances for city employment applicants
29
30. Off-Duty Conduct Protection
4 states (California, Colorado, New York, and North
Dakota) offer statutory protection for employees who
engage in lawful off-duty activities
30
31. Off-Duty Use of Legal Products
Illinois, Minnesota, Missouri, Montana, Nevada,
North Carolina, Tennessee and Wisconsin prohibit
discrimination on the basis of an employee’s off-duty
use of certain lawful products or lawful consumer
products
Exceptions :
a bona fide occupational requirement,
affects employee’s job performance,
the appearance of a conflict of interest, or
employer’s primary purpose is to discourage product
use.
31
32. Medical Marijuana
The Colorado Supreme Court will soon decide an
interesting medical marijuana case, Coats v. Dish
Network, L.L.C. where a quadriplegic licensed to use
medical marijuana was discharged for failing a drug
test
32
33. Medical Marijuana, cont’d
Arizona, Delaware, and Rhode Island now prohibit
employers from discriminating against employees who
are medical-marijuana users
Exceptions where the employee was impaired on the job or
the employment of such patients would cause the employer
to lose money or licensing under federal law
33
35. Some Best Practices
Tailor Background Checks to Bona Fide Qualifications
of Position in question
Be consistent for all competing candidates
Separate the searcher from the decision-makers
Avoid “suspect” terms in search criteria
37. Karl Ulrich, Esq.
Sebaly Shillito + Dyer
9100 West Chester Towne Centre
Drive
Suite 210
West Chester, Ohio 45069
513-644-8125
kulrich@ssdlaw.com
www.ssdlaw.com
Matt Messersmith
Signet Screening
8080 Beckett Center Drive
Suite 305
West Chester, OH 45069
513-330-6695
mtm@signetscreening.com
www.signetscreening.com
Editor's Notes
Welcome
Todd talked about different techniques for finding the right candidates. Once you have found those candidates, pre-employment screening becomes an essential tool for ensuring that your employees and who they say they are and your workplace is safe.
For those of you who may not be familiar or think that all checks are the same
Every organization has their own policies which outline their requirements for background checks
I am not an HR consultant telling you who to hire…in fact the FCRA forbids that.
RESON #1 – You don’t want to hire a criminal
Emphasis on simple and inexpensive is Signet’s not the original source
REASON 2 – People LIE
…..let me give you some examples…
Scott Thompson – claimed he had a computer science degree he didn’t have
MIT Dean – NO degrees – claimed to have BS and masters
3. At one time, Salomon Smith Barney's Jack Grubman was Wall Street's highest-paid analyst with a salary of $20 million per year.
Then it was uncovered that he never attended MIT like he told his employers.
4. Employment history; military history; CIA; past EXPERIENCE
Did you know? www.fakeresume.com
If these people this high up are willing to risk it; what about the average applicant
#3 – your company’s reputation
You cannot ignore Social media….
SOCIAL MEDIA FAILS – protect your company’s reputation and hire people with good character
Don’t use just one – be thorough
Things to consider before and as you conduct pre-employment screening
http://www.openonline.com/Home/News-Events/News/News-Article-View/ArticleId/455/Walt-Disney-Company-Subject-of-FCRA-Class-Action-Claim.aspx
Disney class action
November 19, 2013
Walt Disney Company Subject of FCRA Class Action Claim
A class action complaint filed on November 1 in the Superior Court of California County of Los Angeles claims The Walt Disney Company knowingly violated the Fair Credit Reporting Act (FCRA) by failing to comply with proper hiring procedures. In Culberson vs. The Walt Disney Company, Robert L. Culberson claims Disney violated the FCRA by failing to provide him - and other job applicants – adverse action notices and copies of the background checks. These actions barred him from an employment opportunity with the company without the ability to dispute the information on the background check.
Disney’s background screening vendor initially provided Culberson’s background report that contained a battery charge in 1998. However, in 2010, that charge was expunged from his record. Since, according to the claim, Culberson was not given the opportunity to correct the information on the report before his prevention of employment, Disney made an unlawful hiring decision. Culberson contacted the background screening company about the report after-the-fact and the company issued a new report. However, this new report was not considered and a reevaluation of his employment status was not conducted.
The complaint accuses Disney of knowingly committing two unlawful actions: (1) the screening company provides the option for clients to automatically receive a notification of the background checks; Disney does not use this feature. According to Culberson, “Disney could have easily and cost-effectively complied with the mandates of the FCRA by purchasing [the automatic] service, but failed to do so.” and (2) Disney violated the California Labor Code §432.7(a) for considering a record of arrest which did not lead to a conviction.
Employers should take this as a reminder to be mindful of their obligations under the FCRA. According to sections 604 and 615 of the FCRA, when employers use background check reports for employment screening purposes, they must conduct the pre-adverse and adverse action steps, as applicable, when using information from such a report prior to taking any adverse action against the job applicant.