Make sure to document the information to avoid confusion on the source of the information. Negligent retention refers to retaining employees who were unfit for continued employment. No doubt about it: Consider the work history of the applicant or employee, the groups of individuals the applicant will interact with on the job, and evidence of rehabilitation. By making sure these practices are carried out, employers can identify applicants whose criminal history potentially may serve as a legitimate basis for rejection.
Many cases, however, will be closer calls, and the employer will need to err on the side of caution and then be prepared to defend its decision. No doubt about it: Employers Be a ware! With the investigation completed, the employer should take appropriate action. By making sure these practices are carried out, employers can identify applicants whose criminal history potentially may serve as a legitimate basis for rejection. With risk addressed in the short term perhaps by removing the employee from customer contact , the employer should thoroughly investigate the situation while, at the same time, working with legal counsel to determine what legal obligations or limitations exist. Prehire Due Diligence Generally, employers should avoid surprises like the one experienced by the office manager described above by exercising proper prehire due diligence with all employees. There is no prohibition on using records of conviction from criminal courts when making hiring decisions. If the job candidate discloses the sex-offender status, your business should have a trained HR professional who can direct the interviewee to elaborate on the convictions underlying the registration. You may also fall under the exception allowing an employer to use registry information in order to protect a person at risk. Negligent retention refers to retaining employees who were unfit for continued employment. At a minimum, the investigation should include the independent review of court records related to the conviction. Independently Gather and Assess Information. According to the Web page, the employee had a conviction from a few years back for indecent assault. The tricky question for employers is: California allows use of sex offender registry information for employment purposes in limited cases only. Employers also must train managers to effectively interview job candidates and to conduct background checks. Keep in mind that you may only use conviction records that are seven years of age or younger in California. Make sure to document the information to avoid confusion on the source of the information. What action, if any, should they take? Second, some states limit the degree to which an employer may consider any criminal history. Regardless of the outcome, the employer had taken appropriate steps to protect itself and the people in its workplace. There will be circumstances in which it is patently obvious that the employee is not suitable for employment. Working with legal counsel, the employer initially should confirm preliminary information, then assess the capacity in which the employee works, paying particular attention to items such as the amount and type of exposure to others. Consider the work history of the applicant or employee, the groups of individuals the applicant will interact with on the job, and evidence of rehabilitation.
Video about employment laws on sex offenders:
Sexual Harassment of Women at Workplace
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