From the course: Hiring, Managing, and Separating from Employees

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The use of background checks

The use of background checks

From the course: Hiring, Managing, and Separating from Employees

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The use of background checks

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- If I've learned one thing as a lawyer when it comes to hiring people, you can't judge the book by its cover. Felons and frauds come in all shapes and sizes. It used to be that you could find out anything you wanted about somebody before hiring them. Over the years, the Fair Credit Reporting Act, Civil Rights Act, and other federal and state laws have restricted an employer's right to this information and balanced it against an employee's right to privacy. Back in 2012, the Department of Labor published consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. According to the DOL, there are two main rules to consider with background checks. Number one, the fact of an arrest does not establish that criminal conduct has occurred and exclusion based solely on an arrest is not job related and consistent with business necessity. However, an employer may make an employment decision based on the conduct underlying the arrest if…

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