Criminal background checks are routine for job applicants. But in 2012, the Equal Employment Opportunity Commission (EEOC) disrupted that routine when it issued guidance for how and when criminal background checks should be used by employers. But – at least in Texas – the Fifth Circuit Court of Appeals restored the status quo; It ruled the … Continue Reading
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
Employers in Michigan and surrounding states conducting background reports on job applicants received a favorable decision from the Sixth Circuit Court of Appeals when it comes to limiting liability for claims under the Fair Credit Reporting Act (FCRA). The decision was issued on February 18, 2016, in the case Rocheleau v. Elder Living Constr., LLC … Continue Reading
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
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
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
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
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
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
