Background Checks, LIARs and Guns on the Job

As the debate over gun control rages, some observers believe letting employees carry guns to work is the answer.

Any employer considering guns at work should have a good background check policy in place first.

Background checks and the Civil Rights Act of 1964

In the aftermath of several high-profile workplace shootings, some observers think the answer is arming employees, or allowing workers to bring guns to the job or allowing them to purchase AR-15 magazines and let them bring that to office.

Not every employer will accept an armory at the office is the answer. However, before any business even considers allowing guns in the workplace, first they had better have a policy of full and extensive background checks on all employees in place.

Human resources need LIARs

In human resources, the best approach is LIARs—“Look Into All References.”

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Sexual, Domestic Assault on List of ADA Human Resources Violations

To be Americans with Disability Act (ADA) compliant, human resources departments might have to add dating or domestic violence, stalking and sexual assault to the list of discriminatory acts effecting current or prospective employees.

In a fact sheet issued by the EEOC that explains the ADA may relate to human resources situations concerning employees, applicants or prospective employees who experience sexual assault, stalking or dating/domestic violence.

Civil Rights Act of 1964 as it pertains to human resources departments.
Civil Rights Act of 1964 (Photo credit: Wikipedia)

Title VII of the Civil Rights Act of 1964 bans discrimination by race, color, sex, religion, or national origin. The ADA prohibits discrimination due to a disability.

None of these statutes explicitly lists violence/assault/stalking as protected, but now the EEOC says these factors might apply to human resources interactions.

Employers and human resources departments are prohibited from treating employees or job applicants differently based on gender, including sex-based stereotypes.

Employers also cannot create a hostile work environment or use “tangible employment action” based on gender.

The EEOC provides several examples of the times where domestic/dating violence, stalking or sexual assault may be considered action based on gender:

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