Category Archives: Employee Background & Credit Checks

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Proposed Michigan Bill Would Make it Easier for Individuals to Clear Convictions from Records

Michigan’s Senate Judiciary committee is scheduled to consider a bill tomorrow that would make it easier for individuals previously convicted of certain crimes to have their records expunged. Specifically, Michigan House Bill 4186 would allow individuals convicted of a single felony or a couple of misdemeanors to apply to have them removed from their record.  Notably, … Continue Reading

Target Eliminates use of “Check the Box” in Relation to Job Applications and Criminal Background Checks

Job applications commonly have a question in the form of checking a box to indicate whether an applicant has a criminal record. If the applicant checks “yes,” the applicant is asked to explain the circumstances. In reality, however, checking the box ends the employment opportunity for the applicant because it is likely that a prospective … Continue Reading

Pre-Employment Criminal Background Checks: Learning from Pepsi’s $3,000,000 Mistake

On January 11, 2012, the Equal Employment Opportunity Commission (EEOC) reported that Pepsi Beverages agreed to pay $3.13 million and provide job offers and training to resolve a charge of race discrimination. This EEOC charge is a reminder that employers considering or presently using criminal background checks in hiring must tailor the program to meet  … Continue Reading

Can An Employer Ask a Job Applicant … The Nuts & Bolts of Legal Preemployment Inquiries

Employers, HR professionals, and job applicants generally understand that there are questions that can be asked during the interview process and there are questions that cannot be asked because they violate state and federal employment statutes. For example, under Michigan law, an employer may not “use a written or oral inquiry or form of application … Continue Reading

Proposed Michigan Legislation Would Restrict Use of Credit Reports in Employment Decisions

Connecticut recently joined five other states that restrict the use of credit report information in employment decisions. These five other states are Maryland, Illinois, Oregon, Washington, and Hawaii.  Proposed Michigan Legislation  Michigan does not presently have similar legislation in place. But State Representative Jon M. Switalski is the primary sponsor of House Bill 4362 (PDF), which would create … Continue Reading

Can an Employer Reject a Job Applicant Based on a Previous Bankruptcy?

Employers commonly ask if it is legally permissible to use a job applicant’s prior bankruptcy filing in making hiring decisions. A recent court opinion out of the Third Circuit (the federal circuit that covers Pennsylvania, Delaware, New Jersey) answers this question in favor of employers. But for employers in Michigan and outside of the jurisdiction … Continue Reading
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