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