Re: LEGAL LIMITS TO USING CRIMINAL HOSTORY FOR JOBS

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Thanks for the response - it was truly helpful, even if a little
disappointing to know that the law has taken a few steps
backwards - temporarily....I'll use the links for future reference!

JDaniel

On 3/16/04, Steve wrote:
> 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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