Proforma Screening Solutions, a unit of the Lowers Risk Group, has published a new whitepaper that describes how employers can use individualized assessments to make
employment decisions based on the results of criminal background checks.
But they can be tricky to decipher as certain state and federal laws prohibit making
employment decisions based on particular aspects of credit history.
We are specialists who can help make
employment decisions based on job history, current situation and what role is most suitable in the future enabling our candidates to reach their potential and chosen career path.
Since your driving record is public, employers can request it and make
employment decisions based on how responsibly you behave behind the wheel, especially if the job involves driving.
«Making
employment decisions based on the assumption that pregnancy somehow diminishes a woman's ability to perform her job is unacceptable,» EEOC Senior Trial Attorney Rosemary DiSavino said in a press release announcing the judgment.
As established in the Missouri Human Rights Act, it is unlawful for employers to make
employment decisions based on membership in a protected class.
-- Nothing in this title shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making
employment decisions based on such test results.
But, in the past, courts have been satisfied with the professional judgments of educators regarding teacher performance and what constitutes teacher quality, at least as it related to
employment decisions based on performance.
High - quality evaluations are also necessary to make fair
employment decisions based on teacher and leader effectiveness.
Hence, «When a public agency adopts a policy of making high stakes
employment decisions based on secret algorithms incompatible with minimum due process, the proper remedy is to overturn the policy.»
My sense in observing the debate over the appropriate use of employee credit history is that there's a lack of information regarding what credit information employers use, when they collect it and the process that is used to make
an employment decision based on credit history.
Not exact matches
A company that even printed out a contract like that would be liable under the Civil Rights Act, because it is illegal to discriminate in
employment decisions on the
basis of religion.
During his time at the Pride Agenda he has been actively involved with the passage of dozens of laws, ordinances, regulations and Executive Orders
on the state and local level affecting New York's LGBT community, including statewide measures like: the Sexual Orientation Non-Discrimination Act; the Hate Crimes Act of 2000; making the state's 9/11 relief inclusive of same - sex couples; guaranteeing domestic partners hospital visitation, legal authority over a loved one's bodily remains, access to Family Court and medical
decision making authority; prohibiting discrimination
on the
basis of gender identity and expression in state
employment; and securing over $ 50 million of funding for LGBT health and human services.
Moreover, districts will do a better job evaluating and providing feedback to teachers after tenure, so
employment decisions can be made
on the
basis of the quality of instruction.
[32] Ultimately,
employment decisions need only be
based on evaluation systems that are sufficiently valid, not perfect.
Luckily, NMPED still can not make any consequential
decisions based on these data, again, until NMPED proves to the court that the consequential
decisions that they would still very much like to make (e.g.,
employment, advancement and licensure
decisions) are backed by research evidence.
Additionally, instead of making teacher tenure an earned benchmark
based on demonstrated quality of instruction, as teachers and policy organizations across the country strongly have advocated, AB 934 now doubles down
on making tenure a time -
based employment decision.
Policies governing the
employment and assignment of students and staff should provide for
decisions to be made primarily
on the
basis of professional qualifications and personal qualities.
«Ultimately,» the researchers conclude, «
employment decisions need only be
based on evaluation systems that are sufficiently valid, not perfect.»
The regulations adopted by the New York State Board of Regents
based on the 2010 law changing how the evaluations must work includings a line that says the new evaluations must be «a significant factor in
employment decisions such as promotion, retention, tenure determinations, termination, and supplemental compensation,» as well as how teacher and principal development is approached.
California's
employment laws are considered among the most generous in the country to teachers, allowing them to be granted permanent
employment status after 18 months
on the job, for example, and making layoff
decisions based largely
on seniority.
Early childhood experts have questioned the competition's emphasis
on assessment, fearing it could lead to high - stakes testing of young children, make unfair
employment decisions for early educators
based on test results, and detract from the importance of play and exploratory learning.
107; Title IX of the Education Amendments of 1972; 29 C.F.R. Part 1614; Executive Order 11478, Equal
Employment Opportunity in the Federal Government; Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Populations and Low - Income Populations; Executive Order 13087, Further Amendment to Executive Order 11478, Equal
Employment Opportunity in the Federal Government; Executive Order 13160, Nondiscrimination
on the
Basis of Race, Sex, Color, National Origin, Disability, Religion, Age, Sexual Orientation, and Status as a Parent in Federally Conducted Education and Training Programs; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency; the Age Discrimination in
Employment Act of 1967; the Lilly Ledbetter Fair Pay Act of 2009; Title II of the Genetic Information Nondiscrimination Act of 2008; Equal
Employment Opportunity Commission (EEOC) regulations governing the processing of complaints of discrimination in the Federal sector; and EEOC
decisions, procedures, guidelines, and program and management directives.
In addition, the Ethics Pledge contains a commitment to
base hiring and other
employment decisions on a candidate's qualifications, competence, and experience, and a binding mechanism for enforcing the Ethics Pledge.
All
employment decisions are made by using standards
based on the individual's qualifications as they relate to the particular job opportunity and in furtherance of equal
employment opportunity.
Income and
employment information including phone numbers enable lenders to
base their
decision on affordability.
This might be the most important metric but some lenders also make their
decisions based on credit score and
employment history and other parameters.
Instead of
basing their approval
decisions primarily
on applicants» credit scores, they have created a proprietary set of criteria that include factors such as income,
employment history, and other relevant current circumstances, and use this as the
basis of their determination.
They made their
decisions to accept their positions, and / or stay in their positions,
based largely
on the understanding that their
employment would qualify for the program.
While loan to value is the most important metric for home equity lenders, some also
base their
decision on the credit and
employment history of the individual.
Besides LTV, some home equity lenders in Peterborough also
base their
decision on income and
employment history.
While LTV is the most important value for home equity lenders, some still
base their
decisions on borrowers» credit score and
employment history.
Before she makes a
decision about transferring, she should find out if the Social Security spousal benefit would be greater than her own benefit
based on her
employment.
Here are the states, where there has been some legislation introduced, but no laws implemented, so it's still possible for a prospective or current employer to
base their
employment decisions on your credit.
The employer shall provide the employee or applicant, in a private discussion, the opportunity to dispute the relevance of the information upon which the employer
based the adverse
employment action, and shall consider any such dispute before making a final
decision; (3) if the employee or applicant provides oral or written notice to the employer during the 14 day period set forth in subparagraph (2) that he or she has disputed the accuracy of the consumer report with a consumer reporting agency, the employer shall not take an adverse
employment action until the resolution of the dispute under section 58 of this chapter or Section 1681i (a) of chapter 15 of the United States Code, and shall consider the results of any such resolution; (4) ensure that none of the costs associated with obtaining a consumer report are paid by or passed
on to the employee or applicant.
If an employer obtains, uses, or seeks to obtain a consumer report pursuant to federal or state law, the employer shall (1) obtain the employee's or applicant's written consent in a document consisting solely of the consent, each time the employer seeks to obtain the employee's or applicant's consumer report; (2) disclose in writing to the employee or applicant the employer's reasons for accessing the consumer report, and if the employer intends to take an adverse
employment action in whole or in part
based on the report, disclose the reasons for the action, including which information in the report the employer is
basing the
decision on, in writing at least 14 days prior to taking the action, along with a copy of the report and the notice of consumer rights required by section 1681G (c)(1) of chapter 15 of the United States Code.
Homeless Animals Rescue Team (HART) does not and shall not discriminate
on the
basis of race, creed, color, religion, gender, age, national origin, physical or mental health, sexual orientation, or any characteristic protected by law, and is in compliance with all requirements of law and regulations with respect to the provision of services,
employment decisions, and volunteer participation.
The Museum prohibits making any
employment decisions or
basing any terms and conditions of
employment on the
basis of a person's race, creed, color, religion, sex, age, height, weight, national origin, ancestry, or ethnicity, sexual orientation, transgendered status or gender expression or identity, marital status, disability, political affiliation, military or veteran status or any other
basis now or in the future protected by federal, state or local law, ordinance or regulation.
Nevertheless the
Employment Tribunal should not have
based their
decision on the hypothetical question of whether or not the
decision to dismiss would still have been fair even if only a written warning had been given.
While federal law does not specifically prohibit discrimination
based on criminal convictions or arrests, the U.S. Equal
Employment Opportunity Commission (EEOC) has issued a policy statement indicating that an employer's use of criminal history information in making employment decisions may violate the federal prohibition against discrimination based on race or nation
Employment Opportunity Commission (EEOC) has issued a policy statement indicating that an employer's use of criminal history information in making
employment decisions may violate the federal prohibition against discrimination based on race or nation
employment decisions may violate the federal prohibition against discrimination
based on race or national origin.
Supreme Court of Canada
Decision: No Prima Facie Discrimination The Supreme Court dismissed the appeal, with the majority confirming that the employer terminated Stewart for breaching the Policy's requirement to disclose his drug use, and that discrimination
based on his disability was not a factor in the termination of his
employment.
All aspects of
employment including the
decision to hire, promote, discipline, or discharge, will be
based on merit, competence, performance, and business needs.
In a recent Human Rights Tribunal
decision, 1 the Applicant, Timothy Pritchard, filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the «Code»), alleging discrimination with respect to
employment on the
basis of disability.
Although the court considered these arguments they ultimately rejected them, distinguishing between an isolated
employment decision for personal reasons that may exist because of a person's gender, as opposed to a
decision based on gender itself, as the former is
based on personal feelings to a specific individual.
Kathleen Healy, partner in the
employment, pensions and benefits practice at international law firm Freshfields Bruckhaus Deringer, says: «Unless it is managed properly, it could cause a major headache for employers, who need to ensure that requests are managed fairly, and that
decisions are
based on objective business grounds.
An extreme example of the impact of failing to take reasonable steps to attempt to find new
employment is the 2006
decision of the British Columbia Superior Court in Cimpan v. Kolumbia Inn Daycare Society.1 Justice Truscott found that the plaintiff had been wrongfully dismissed and,
based on the relevant common law factors, held that the plaintiff was entitled to nine months reasonable notice of dismissal.
Subject to any appeal, the EAT's
decision is now binding
on other
employment tribunals and as a result, may have ramifications for other employers using self - employed personnel and / or app
based services.
Based on these two «synergistic aspects», the Court outlined the following question as being central to the determination of an
employment relationship, «who is responsible for determining the working conditions, who determined financial benefits, and to what extent does the worker have an influential say in these
decisions».
It serves as a reminder that
Employment Tribunals will look behind the contractual documentation between the parties and
base decisions on the reality of the relationship.
Mr. Fong previously founded and co-chaired a national series of webinars providing practical training to human resources specialists, generalists, payroll managers, upper level managers, in - house counsel, insurance carriers, and executives
on important legal trends to help them make well - informed
employment decisions on a day - to - day
basis.