Tag Archives: background checks

Hiring the No. 2 Guy on al-Qaeda’s Hit List: An Uber-Example of Limitations in Employee Background Checks

If you recently used Uber in Florida, did you check to see if your driver was Terry Jones? If Mr. Jones’ name or his significance is not immediately apparent to you, don’t worry, Uber apparently had no clue either. The Washington Post reported (by Faiz Siddiqui) that Uber hired Terry Jones. He is the (in)famous preacher … Continue Reading

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

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

What Employers and Employees Should Understand About Conducting Background Checks

Under both federal and Michigan law, employers may generally conduct comprehensive background checks on job applicants as long as the employer has obtained the appropriate waivers and does not discriminate in the equal enforcement of the policy. Going beyond this generality, employers and employees should also consider the following: Employers should view the application process … 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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