Re: LEGAL LIMITS TO USING CRIMINAL HOSTORY FOR JOBS

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On 3/15/04, Joel R. Daniel wrote:
> Small employer interested in knowing what limits exist for
> use of criminal records in regard to qualification for
> employment.
>
> 1) Can employer decide which offenses are objectional for
> the job?
>
> 2) How many years are offenses considered relevant for
> purposes of employment?
>
> 3) Other relevant info on this subject
>
> Thanks!
>
> J Daniel

J Daniel:

http://www.aba.com/NR/rdonlyres/59BAF62D-3B6B-4917-87BD-
416B7B385D88/34730/FACTACT2003.pdf.

This site will take you to the new changes (Complements of
President Bush) to the Fair Credit Reporting Act.

http://www.littler.com/nwsltr/asap_01_FACT.html.

This site will take you to an article that helps explain the
new changes (of which are solely in favor of employers).

The changes came about because of the Federal Trade
Commission Staff Opinion Letter (Vail), which you can read on
the FTC web site under the staff opinion link.

I would caution you however, the new changes are very likely
to be challenged in federal court, since the changes are
believed to pose an adverse employment effect or condition
against the employee and seeks to overturn all prior federal
rulings that protect employee rights. If it were me, I would
conduct myself according to the Fair Credit Reporting Act,
of, which background checks fall under the category of a
consumer report, rather than according to the new changes,
since if successfully defeated in federal court, it could put
employers at risk of lawsuits who acted according to the new
changes.

Re: LEGAL LIMITS TO USING CRIMINAL HOSTORY FOR JOBS, 3/18/04, by Joel Daniel.

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