HCBE Faculty Articles

Title

Criminal Background Checks in Employment: An Unfolding Legal Quandary for Employers

Document Type

Article

Date

1-1-2014

Publication Title

Journal of Criminal Law and Criminal Justice

ISSN or ISBN

1894-4183

Volume

2

Issue

1

First Page

41

Last Page

103

Description

This article examines the important and controversial topic of criminal background checks in employment. An overview is provided as to the prevalence of the use of background checks and the legal and ethical controversies ensuring therefrom. The article analyzes the applicable law pertaining to criminal background checks in employment, including federal, state, and local statutory law, federal case law, as well as EEOC “guidelines” and enforcement actions. The implications for the stakeholders affected by criminal background checks, especially legal consequences for employers, are discussed. Finally, the authors make recommendations to employers as to how to use criminal background checks in a legal, ethical, and efficacious manner.

Comments

http://jlcjnet.com/journals/jlcj/Vol_2_No_1_March_2014/4.pdf

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