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Best Practices: Criminal Records in Employment

Learn about negligent hiring risks, FCRA compliance, and consideration of relevant convictions only. Discover strategies to protect privacy, promote fairness, and manage disclosure of information. Explore legal cases like Quon v. Arch Wireless ISP, electronic communications privacy rights, and employer monitoring boundaries.

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Best Practices: Criminal Records in Employment

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  1. Best Practices Criminal Records in Employment

  2. Title VIINegligent HiringFCRA

  3. Consider Only Relevant Convictions

  4. Don’t Collect Irrelevant Information

  5. Don’t Ask until After Interview Who owns the Equipment?

  6. Look at the Data

  7. Use a Qualified CRA

  8. Give Applicant a Chance to Respond

  9. Consider the Entire Person

  10. Quon V. Arch Wireless ISP and Employer Liable for Disclosure of Text Messages to Employer

  11. New Paradigm

  12. Access to Information Determined by Legitimate Interest

  13. Electronic Communications Privacy Act (ECPA) Employer Can Monitor Business Telephone Calls, but Not Personal Calls

  14. Enforcement

  15. Private Right of Actionwith Attorney’s Fees Administrative Remedy

  16. No Waiver of Rights

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