Many incorrectly assume that Maryland has banned doing criminal conviction searches in Maryland. This stems from wording in the Maryland Human Relations Commission Guidelines on Employee Selection Procedure. It is incorrect to assume you, as an employer, are no longer allowed to make inquiries of prior criminal convictions. Maryland allows inquiries about convictions that bear […]
EEOC says Drug Tests Violated the ADA
Employers must use drug tests in compliance with the ADA. The EEOC identifies two different types of drug tests. There is a drug test for illegal drugs, normally known as the five panel test. And a drug test for illegal panels and additional legal drug panels, normally known as the 9 or 10 panel test. […]
Post-Accident Drug Test Under OSHA’s New “Reasonable Reporting Procedure” Rule
Post-accident drug test procedures have recently come under scrutiny by the Occupational Safety and Health Administration (OSHA) Let’s start this article with basic steps employers need to take to assure compliance with this new regulation as reported in the article by Constangy, Brooks, Smith & Prophete, LLP, No “blanket” post-accident testing. No effect on random […]
Statewide Criminal Conviction Search or County Criminal Conviction Search – Which is better?
Should you conduct a statewide criminal conviction search or just do a county criminal search when performing background investigations on applicants, employees or volunteers? The answer is……..IT DEPENDS. And, if you are using a consumer reporting agency to deliver your background investigations wouldn’t you want one that can take the time to select those states […]
Expunged Criminal Records Are Source of Lawsuit
Expunged criminal records and their applicability in making a hiring decision have come up in a recent lawsuit filed by two individuals against the Los Angeles Unified School District (LAUSD). California Labor Code states that employers cannot use convictions that have been judicially dismissed or ordered sealed as a factor in determining whether to hire […]
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