Legal part 2 - quiz 2
To refuse to hire someone on the basis of prior arrests/convictions you must show
-A relationship between the crime and the job -Must take into account: the seriousness of the crime, age of the perpetrator, how long ago the crime was committed
What are permissible questions to ask prior to employment (regarding medical conditions)
-How would you do the job? -How would you use___ -How would you get from point A to point B
Americans with Disabilities Act
-Located in US Dept. of Labor -Prohibits discrimination against ppl with disabilities in employment, transportation, public accommodation, comm, and govt activities
Tests that are not permissible
-Medical exam -Test for mental health ex: can't ask if someone has a disability or disease
Can a criminal record bar employment in certain fields?
-Yes (working with children and elderly) -banned from possession/use of firearms
Governed by the FCRA
-before using a criminal record in a hiring decision, employer must provide the candidate with a copy of the report and summary of their history
Job application should not include
-disability related questions or if an individual needs and accommodation to perform the job functions
Inform the person that it's considering taking an adverse action based on info contained in the report
-this is called a pre-adverse action notice -Once given the employer must then wait a reasonable time before taking the adverse action
After the employer receives a report
1. Copy of the report 2. summary of the consumers rights under the FCRA 3. Inform the person that it's considering taking an adverse action based on info contained in the report 4. Can challenge the adverse action
Before doing the credit report
1. Employer must inform he potential employee that you're running the credit check and it may be used for decisions about his or her employment 2. Employer must get written permission to obtain the credit report
Documents
1. HR must check that each foreign employee delivers 2 forms of ID 2. Green Cards (person is allowed to live and work in the US on a permanent basis) 3. Visas (limited permission to work in the US)
How many people are released from prison each week
10,000 a week (1/4 of all US adults have a criminal record)
Restrictions on credit reports
11 states restrict or prohibit employers from using credit reports when hiring in most circumstances
What percentage of companies conduct credit background checks?
70%
ADA protects
A pre-employment issue that protects ppl with disabilities from being discriminated against in hiring and then once hired
Job applications should include
ALL questions must be related to the job
Criminal record
All of your criminal history including traffic tickets
Types of tests
Aptitude, personality, skills
Why do companies care about credit reports?
Companies are concerned that if you're financially irresponsible then you cannot be trusted with the company's money either (theft, etc.)
Employment eligibility verification form
Employers must verify the identity and employment eligibility of all employees by completing this form
NY rules for employers: Convictions
Employers with or more employees may not deny employment based on a conviction unless it relates directly to the job or would be an "unreasonable" risk to property or to public or individual safety
Who is most interested in your criminal record
Employers, lenders, and regulatory agencies for occupational licenses (ex: lawyers, doctors)
FCRA
Fair Credit Reporting Act
Credit Report
Gives you a score and shows potential employer whether or no you pay your bills on time (out of 800 points)
Hiring foreign nationals: IRCA
Immigration reform and control act
NY rules for employers: Arrest records
It is unlawful discrimination to ask about any arrests or charges that didn't result in conviction (unless currently pending)
Can an employer ask if you've ever been arrested in an interview?
Most state law prohibits the use of past crimes or arrest records as a factor against you in a hiring decision (unless it is in some way relevant to the job position, or if your conviction bans you from working in that particular field)
Can employers use arrest history in hiring decisions?
Most states have laws that ban the use of arrest history that didn't lead to conviction in hiring decisions
Agency guidelines for preemployment inquiries
New York State Division of Human Rights, "Recommendations on Employment Inquiries" -process used to gain access to criminal records
FCRA purpose
So many inaccuracies in reporting, that congress felt people needed protection
Does an arrest record have an affect on hiring?
They can't be excluded because they are innocent until proven guilty
Why do many employers conduct pre-employment background checks?
To protect themselves against lawsuits for negligent hiring
NY rules for employers: Rights of employees and applicants
Upon request applicant must be given, within 30 days, a written statement of the reasons why employment was denied
Employers regarding foreign nationals:
a. cannot knowingly hire an unauthorized alien b. cannot discriminate on the basis of national origin or citizenship c. can legally discriminate against undocumented aliens
Federal crimes
can be checked online
Pre employment testing
helps employers gain insights into the capabilities and traits of prospective employees
Testing must be
related to the job in order to be valid