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Background Checks

New Texas law limits employer hiring liability

In an attempt to encourage em­­ployers to hire workers with criminal backgrounds, the Texas Legislature passed H.B. 1188 limiting employer exposure to negligent hiring lawsuits.

J.B. Hunt drops ban on hiring those with criminal records

Transportation giant J.B. Hunt has agreed to revise its hiring policy that the EEOC claimed prohibited hiring anyone with a criminal record. The case began with a single black applicant who was denied a truck driving position because he had been convicted of a crime.

Texas’ new hiring law should help employers and convicts

Gov. Rick Perry has signed legislation providing important protections for employers facing negligent hiring or supervision claims. The new law also makes it more attractive for ­employers to hire applicants with criminal records.

What do we need to consider when crafting a policy on unpaid intern injuries?

Q. We recently started to provide unpaid internship opportunities to local college students… The interns are not subject to the same process as other permanent or temporary employees in terms of background checks and workers’ compensation insurance. Now we’re looking at how best to structure this relationship to address issues such as what happens if an intern is hurt at a client facility. How should we approach this?

Feel free to place reasonable background check conditions on job offers

Good news for employers that have had to revoke conditional employment offers: Employers that discover disqualifying information after an offer has been tendered but before the candidate starts work are free to revoke the offer. That won’t result in a big jury award.

When is the right time to do background checks?

Q. When should we be doing our background checks: Before an offer is made? After the offer is made and before employment? Or after employment has begun? We generally do the check after we make an offer and before employment starts. 

Minnesota ‘bans the box,’ limiting background checks

Minnesota has joined the league of states that have adopted “ban the box” legislation that bars most employers from obtaining or asking for an applicant’s criminal history before the applicant has either been selected for an interview or received a conditional job offer.

New expunged record law limits background checks

North Carolina’s new Expunged Criminal Record bill will affect what questions employers may ask on job applications and during the hiring process. The law prevents most em­­ployers from asking about crimes and criminal charges that have been ex­­punged from job applicants’ records.

Hidden liability: Understand the risks of negligent hiring

You know there are certain questions you just can’t ask job applicants. But using discretion in the hiring process doesn’t mean you should give up on the practice of thoroughly investigating the background of candidates for certain jobs in which a rogue worker could harm other people.

EEOC sues BMW, Dollar General for biased background checks

The EEOC has filed separate lawsuits against BMW and the Dollar General retail chain, alleging that the companies’ criminal background check policies illegally resulted in employees being fired and others being screened out for employment in violation of Title VII.