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.
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.
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.”
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.
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:
Today’s HRNewsDaily Guest Voice is from Pete VanSon, CEO of Ovation Technologies.
In 1993, a Kirby vacuum salesman in Texas was charged with raping a customer. Although the salesman worked for an independent distributor, Kirby was taken to court, accused of putting the customer at risk.
If only the distributor hiring the salesman conducted a background check first; most likely they would have uncovered the prior conviction for a sexual offense.
The court awarded the victim $160,000.
In light of these events, it may be surprising that not all companies use background checks. A recent survey by SHRM found that only 69 percent of companies performed background checks on all candidates. Of the companies that do background checks, 62 percent do so after making an offer. Continue reading “Background Check Prospective Employees: A Good Idea?”→
More than ever, technology is making business more productive (and profitable); better reaching out to customers, interacting with staff, recruiting and hiring new employees.
Social media platforms are now an indispensable tool to seek out and evaluate job applicants. However, it does not stop there— public internet profiles and postings of both prospective and current employee and postings are under investigation. Continue reading “Legal Update: Social Media Rules”→
The EEOC recently updated the official position on criminal background checks. The new policy was approved this week, and a whitepaper is available that explains the new procedures. Employers can obtain the information by emailing a request to EEOCwhitepaper@esrcheck.com.