Excerpted from pennrecords.com, by Jacob Bielanski
PHILADELPHIA – Under new rules in Philadelphia, employers will need to be avoid asking questions about an applicant’s criminal background or risk facing private lawsuits and city fines.
For the complete article visit Pennrecord.com
Global Investigative Services will be closed Friday July 3rd, 2015 and will reopen on Monday July 6th, 2015 in celebration of Independence Day!! We wish all our clients and colleagues a glorious 4th!!
The DC Courts will be closed on Wednesday, April 16, 2014 in honor of DC Emancipation Day
A recent ruling by the 6th Circuit Court of Appeals, dismissed claims that an employer did not violate Title VII of the 1964 Civil Rights Act by using credit checks in their hiring practice.
The defendant in this case, Kaplan Higher Education, was accused by the Equal Employment Opportunity Commission (EEOC) that Kaplan violated Title VII of the U.S. Civil Rights Act by screening out more African-American applicants than white applicants, which led to a disparate impact.
Though arguments have been made that the use of credit reports, when used for employment screening purposes, can have an adverse impact on a protected class, the EEOC was unable to make an argument against Kaplan for this particular case.
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The New York Office of Court Administration (OCA) recently posted the following information on its website:
“Please be advised that effective April 1, 2014, OCA will no longer report a criminal history for any individual whose only conviction was a single misdemeanor more then ten years prior to the date of the request.”
For the first time the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Federal Trade Commission (FTC) have partnered together to co-publish documents on employment background checks, explaining the rights and responsibilities for the employer and the job applicant.
The two documents are available on the EEOC’s website: Background Checks: What Employers Need to Know (http://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm) and Background checks: What Job Applicants and Employee Should Know (http://www.eeoc.gov/eeoc/publications/background_checks_employees.cfm)
“The No. 1 goal here is to ensure that people on both sides of the desk understand their rights and responsibilities,” Peggy Mastroianni, EEOC Legal Counsel stated in a press release titled EEOC and FTC Offer Joint Tips on Use of Employment Background Checks.
Governor Mark Dayton signed a bill expanding the “Ban the Box” law to private employers that will go into effect beginning Jan. 1, 2014. “Ban the Box” has applied to public employers in Minnesota since 2009. The law requires public, and now private, employers to wait until a job applicant has been selected for an interview or a conditional offer of employment has been extended before asking a job applicant about criminal records or conducting a criminal record check. This law offers the vast majority of individuals with a non-violent criminal record a second chance at an opportunity for employment to better their lives.
Existing laws will continue to protect vulnerable adults and children from people with violent or sexual criminal histories. Additionally, employers may exclude applicants if a crime is relevant to the position’s job duties.
The new law outlines potential penalties for employers found in violation of the law. If the Human Rights commissioner finds that a violation has occurred, the commissioner may impose penalties.