January 31, 2014

Ban the box

Posted in Application Process, Arrest records, Background Checking, Conviction Records, Criminal History, Negligence, Negligent Hiring, Workplace Violence tagged , , , , , at 2:56 pm by Tom Jacobson

Crime Scene TapeOne of the more challenging aspects of hiring can be knowing when and how to conduct a criminal background check on a potential employee. In a previous article I noted how asking for such information during the application process is generally a good idea. However, a recent change in the law now prohibits Minnesota employers from inquiring into an applicant’s criminal history until after the candidate is selected for an interview, or if there is not an interview, after a conditional job offer has been made to the candidate. In essence, this change now bans the “Have you ever been convicted of a crime?” box on all Minnesota job applications.

Employers wishing to conduct criminal background checks on prospective employees should also familiarize themselves with the Equal Employment Opportunity Commission’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions  Under Title VII of the Civil Rights Act of 1964. This guidance, which is based on established federal law, confirms that the use of criminal records when making employment-related decisions must be job-related and consistent with business necessity.

Despite these challenges, checking into a prospective employee’s criminal background is still a good idea. Doing so can help an employer avoid hiring an employee whose history indicates a potential threat to the company, its employees, customers, vendors or the general public. The trick is knowing what to ask and when to ask it.

For more information about this article, please contact me at alexandriamnlaw.com or  taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2014 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

January 6, 2014

January 16 Employment Law Update Announced

Posted in Uncategorized tagged , , , , , , at 2:51 pm by Tom Jacobson

Want to keep up to date on the latest developments in employment law? Need continuing education credits? If so, here’s an opportunity for you.

I’ll be moderating Lorman’s Employment Law Update in Fargo, North Dakota on January 16, 2014. The day-long event has been approved for the following continuing education credits: 6.5 hours CPP/FPC; 6.5 hours MN CLE; 6.75 hours ND CLE; 8.0 hours CPE; 1.0 hour HRPD.

In interested, please contact me at taj@alexandriamnlaw.com, or click here for more information or to register.

I hope to see you in Fargo on January 16!

P.S. Don’t forget to ask me about a discount on the registration fee!

Copyright 2014 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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