Employment Background Check

[gpmthird]

What is the name of your state?What is the name of your state? MI.

Is an employee or prospective employee legally entitled to the information gathered in an employer background check? Is an employee or prospective employee legally entitled to know the source of the information gathered by an employer background check? Generally, are the laws concerning employment background check reports the same as those governing credit reports so that they may be examined for accuracy and contested if erroneous?

 

[CO19]

What is the name of your state?What is the name of your state? MI.

Is an employee or prospective employee legally entitled to the information gathered in an employer background check? Is an employee or prospective employee legally entitled to know the source of the information gathered by an employer background check? Generally, are the laws concerning employment background check reports the same as those governing credit reports so that they may be examined for accuracy and contested if erroneous?

If employer is using a screening firm, then Yes, Yes, and Yes.

Michigan
Mich. Comp. Laws § 37.2205a

Rules for employers: May not request information on any arrests or misdemeanor charges that did not result in conviction.

Rights of employees and applicants: Employees or applicants are not making a false statement if they fail to disclose information they have a civil right to withhold.

Agency guidelines for pre-employment inquiries: Michigan Civil Rights Commission, "Pre-Employment Inquiry Guide."

 

[JD24PA]

Does that apply to Pennsylvania also?

CO19-

Does the last post containing information regarding Michigan's rules for employees and employers apply to Pennsylvania also?


(Michigan
Mich. Comp. Laws § 37.2205a

Rules for employers: May not request information on any arrests or misdemeanor charges that did not result in conviction.

--I was arrested in PA but not convicted; on pre-trial diversion ARD.

Rights of employees and applicants: Employees or applicants are not making a false statement if they fail to disclose information they have a civil right to withhold.

--Have yet to disclose the information to my current employer here in PA.

Agency guidelines for pre-employment inquiries: Michigan Civil Rights Commission, "Pre-Employment Inquiry Guide."



Would appreciated the feedback. Thanks!

 

[CO19]

CO19-

Does the last post containing information regarding Michigan's rules for employees and employers apply to Pennsylvania also?

In reference to the FCRA laws governing your right to view your background check, validate sources, and dispute, yes. Is federal law and employer must provide a pre and post adverse action notice.http://www.ftc.gov/bcp/conline/pubs/buspubs/credempl.htm

Again, under assumption employer is using a third-party to conduct the screening (90% do). Both PA and MI are what we (screening firms) coin as "arrest only" states and CANNOT report (nor can employer consider) arrests that did not result in conviction.

If you were not convicted, do not indicate so on disclosure form period; a pre-trial diversion is NOT a conviction. The screening firm will likely find the arrest, validate as non-conviction, and won't report to client/employer. If they did/do, screening firm is liable, then employer,if they relied on it as sole reason applicant wasn't hired (often, both still do anyways and are lawsuits just waiting to happen).

Just as an FYI, read this recent article published in the AJC. It is going in my December newsletter to my employer clients to remind them why they CANNOT rely solely on criminal records and must adhere to state and EEOC position statement guidelines to allow those with a background to re-integrate into the workforce. http://www.ajc.com/news/content/business/1105/27roscoe.html

Hope that helps!

 

[CO19]

CO19-

Does the last post containing information regarding Michigan's rules for employees and employers apply to Pennsylvania also?

Clarification! Each state has its own "laws on arrests", so refer to the PA info I forwarded you in a different post.

 

[cbg]

Just one caveat; in some states, an employee or prospective employee is legally PROHIBITED from being given any reference information that the employer directly (NOT through a screening firm) obtains from past employers.