Any person excluded by such criteria would then have an opportunity for an individualized assessment to determine whether the criteria as applied are job-related and consistent with business necessity. The individualized assessment would involve notice to the individual that the criminal record may result in him or her not being hired, an opportunity for the applicant to explain why the exclusion should not be applied under his or her particular circumstances, and consideration by the employer of whether the individual's new information justifies an exception to the exclusion and shows that the policy is not job-related and consistent with business necessity in the applicant's specific situation.
Missouri Pacific Railroad Company , F. Never ask an applicant to take a polygraph exam, unless your organization is statutorily required to do so - that would be a violation of the Employee Polygraph Protection Act of , a federal law.
CONTENT DEVELOPMENT
An employer may require an applicant to be responsible for submission of official records, transcripts, certificates, and licenses. Very important: in order to position your company as well as possible against potential "negligent hiring" claims, document your efforts to verify the work history and other background information given by the applicant see comment 7 a above.
Flip side: "negligent referral" - do not ever give a false or misleading reference, even if you think you are insulating yourself from a defamation claim or doing the ex-employee a favor - a Texas employer got hit with a large damage award after giving a false reference on a former employee who had been fired for misconduct.
If you have knowledge that an ex-employee has violent tendencies, it is best to be truthful and factual in job references - report only what you can document or prove with firsthand witnesses. Above all, do not falsely report that an employee who is known to have been violent or threatening was a "good" employee who followed all of the rules.
HR best practice: if possible, do not ask about criminal history until the tentative offer of employment has been made - that will lower the risk of discrimination based on criminal history for the majority of unsuccessful applicants. A number of states, and some individual cities, have enacted so-called "ban the box" legislation or ordinances under which an employer cannot ask about criminal history until the time that the company offers the job on a tentative basis.
As of , Texas has no such statute.
References and Background Checks
Consult with qualified employment law counsel regarding the latest requirements in your company's area or areas of operation. An applicant who refuses to complete, sign, and submit the form will be removed from further consideration for the position. If the applicant fails to provide a complete set of fingerprints on request, the applicant will not be considered for the position for which he or she has applied.
Human Resources will be responsible for obtaining a criminal background check on a current employee not otherwise an internal applicant. Human Resources may request, but is not required to do so, that the current employee complete the Criminal Background Check Form.
Employer background checks in Texas: what do they show? Dallas employment lawyer explains
If a current employee refuses to complete, sign and submit the Criminal Background Check Form in response to a request made in accordance with this policy, appropriate action, in accordance with University policies, may be taken including reassignment, discipline or discharge. When HRS receives a report indicating that an applicant for employment or a current employee has a criminal record, HRS will notify the individual that such a report has been received, provide the individual with a copy of the report, except as provided by law or DPS policy, and notify the individual of the right to challenge the accuracy and completeness of the report with the agency that provided the report and to submit additional information relating to the criminal record and why it should not affect an employment decision.
If HRS advises the hiring official that the results of the criminal background check indicate that the applicant may be unacceptable for the position being filled or for continued employment, HRS will provide an applicant with a copy of the report upon which this advice is based, except as provided by law or DPS policy, and notify the individual of the right to challenge the accuracy and completeness of the report and to submit additional information relating to the criminal record and why it should not affect an employment decision.
A hiring official may not extend an offer to the applicant that HRS has advised may be unacceptable. HRS will provide the employee with a copy of the report upon which this advice is based, except as provided by law or DPS policy, and notify the individual of the right to challenge the accuracy and completeness of the report and to submit additional information relating to the criminal record and why it should not affect an employment decision.
Except as outlined in section The ultimate responsibility of the decision to hire or reject an applicant or continue employment of a current employee will rest with the hiring official and the divisional Vice President, after consulting with the Office of Human Resources. The decision of the institution is final and may not be appealed.
If the individual is a current employee subject to a criminal background check, standard employee grievance procedures are available to challenge the decision. If the criminal record leads to termination, the applicable employee discipline and discharge procedures will be used.
Applicants must report in writing any charges or convictions and whether registered as a sex offender or will be required to register as a sex offender , excluding misdemeanor offenses punishable only by fine, occurring after the date of application.
Employees must report to their supervisor in writing, within five business days, any criminal complaint, information, indictment, no contest plea, guilty plea or criminal convictions, and whether registered as a sex offender or will be required to register as a sex offender excluding misdemeanor offenses punishable only by fine. Subject to standard grievance and disciplinary procedures as applicable, failure to report is a violation of policy and may lead to disciplinary action as appropriate.
Subject to standard grievance and disciplinary procedures, as applicable, falsification or omission of records or failure to report as required by this policy or law is a violation of University policy and shall lead to disciplinary action. Multiple or periodic visits to an operation within the same day is one visit. Questions regarding compliance and other issues related to security-sensitive positions should be addressed to the UTEP Office of Human Resources and the Office of Institutional Compliance.
E: hop utep. Miner Alert. But the county policies only applied to public workers, not the private sector, as the city hopes to achieve. Austin became the first city in the South and the first Sun Belt city to extend its measure to private employers with 15 or more employees, following gan city council vote in favor of the measure in March. Still, some business owners resisted the Austin move, arguing that delayed background checks would draw out the time and expense of the hiring process -- but wouldn't ultimately change its outcome. That's not to say the city doesn't address the issue.
Though policies like Austin's that delay questions about criminal history don't guarantee employment, they give some people a better chance, he said. Skip to main content. Leah Binkovitz.
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- II. RATIONALE.
But Texas -- and most cities within it -- are not among them. Advocates hope that may change.