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, Equal Employment Opportunity Act, and other laws have restricted an employer's right to this information, and balance it out against an employee's right to privacy. Learn how to stay on the right side of this fine line.
- 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 the conduct makes the individual unfit for the position.…
DISCLAIMER: This course addresses US law concepts that may not apply in all countries. LinkedIn (including Lynda.com) and the instructor are not giving legal advice. Neither Linkedin (including Lynda.com) nor the instructor represent you. The information conveyed through this course is similar to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views and legal interpretations presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- How job descriptions matter when it comes to the law
- Offer letters, contracts, and agreements
- Questions you can't ask job applicants
- Test and assessment instruments
- Managing employee leave
- Harassment and discrimination laws
- Handling bullies in the workplace
- Employee discipline