Archive for the ‘Criminal History’ Category

OFCCP Weighs in on Employer Use of Criminal Histories

Authored By: Jonathan C. Bumgarner


Last April, we told you about the EEOC’s updated Enforcement Guidance regarding an employer’s use of arrest and conviction records when making employment decisions.   On January 29, 2013, the OFCCP issued its own guidance on this topic in the form of Directive 306.  Federal contractors and subcontractors who are being investigated by OFCCP should expect heightened scrutiny of their use of criminal histories.

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Model Forms Not So “Model” After All: Government Issues Corrected Background Check Forms

Authored By: Travis P. Meek


Background Checks and Notice Forms

The Fair Credit Reporting Act (“FCRA”) imposes numerous notice obligations on employers who use third-party companies to conduct background checks on their employees and job applicants.  Among other requirements, all job applicants must be informed explicitly: 1) that a background check will be conducted on them; 2) given the opportunity to authorize the check; and 3) advised of their rights under the FCRA with a form entitled “Summary of Your Rights Under the Fair Credit Reporting Act.” (more…)

Arrest and Conviction Records – EEOC Takes a Stand

Authored By: Stephen W. Lyman


The EEOC on April 25, 2012 issued its Enforcement Guidance, updating its previous position on an employer’s use of arrest and conviction records in making employment decisions.  The Enforcement Guidance was issued without prior public comment and does not have the force of law, but it does indicate where the EEOC will likely head when charges are filed alleging discrimination based on the employer’s use of past criminal records in making employment decisions.

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Indiana Criminal History Information – A New Restriction for Indiana Employers

Authored By: Stephen W. Lyman


Last year a new Indiana law [I. C. 35-38-8-7] went into effect that allows persons convicted of non-violent misdemeanors and certain felonies to petition a court to restrict access to the records and, if the court grants the petition to, according to the law, “legally state on applications for employment and any other document that the person has not been arrested for or convicted of the felony or misdemeanor recorded in the restricted records.”   This law created quite a commotion at the time, and this year the General Assembly may have added a bit more to the debate about the so called “Legal Lie.” (more…)