b'There is a way, however, for an applicant to print out everything to explain why they let Mary run the errand. Simply put, the cost of they have posted in the last few years so you can examine it. a driving record check would have been much less than the $25 The problem with this approach is the same as Googling, butmillion a jury will award Johnnie.avoids the fuss over passwords.No addicts on my payroll:Devin at Weed Removers, Inc. isnt going Aretherespecialrulesforcertainchecks:Yes.Ifcreditorto have any druggies on his payroll. He tests all of his applicants criminal history is used to make a hiring decision, the employerfor all possible illegal drugs. Rod applies for a job and signs a must provide a copy of the report along with a written note toconsent to be tested. The test comes back positive for prescription the applicant explaining the effect.Also, there are requirementspain medicine. Devin rejects Rod and says he ought to get some tocorrecterroneousaddresseswiththereportingcredithelp. Instead of going for help, Rod runs down to the nearest Equal companies.IfyoureceivealetterfromthecreditreportingEmployment Opportunity Commission (EEOC) office to file a claim companyregardinganincorrectaddress,youmustconfirmunder the Americans with Disabilities Act (ADA). Has Devin done the address (check with your lawyer for the specific rules) andwrong? Unfortunately, yes. As it happens, Rod has a back injury report back to the credit agency. and Devins failure to meet the requirements for a post-offer of employment health screening has just violated the ADA.Whatarethelimitationsoncriminalbackgroundchecks:In Texas,backgroundcompaniesarenotpermittedtoprovideIts the delivery man: Ricks Remodeling regularly sends crews criminal histories going back further than seven years unlessinto residential homes to handle projects. One of Ricks employees the annual salary is expected to be over $75,000. Many out-of- becomesupsetwithacustomerandstartsafistfight.The state background check companies ignore this rule. Doing socustomer is injured and sues for damages. Is Rick liable?Maybe is a violation of Texas law for them, but not the employer. Thatnot. Texas law provides a certain level of immunity for business said, I encourage employers not to use information over sevenowners who run background checks on employees who perform years to avoid the possibility of a claim they conspired with thein-home services or residential delivery and set-up services. There background company. Also, be sure to review the section onare many different types of businesses where background checks discriminatory use of criminal checks.are required or beneficial: banking, nursing, nursing homes, and childcare facilities just to name a few. Be sure you are compliant Common Situations: with the law for your type of business.It wont happen to me: Data Entry, Inc. hires Mary towait for itenter data. The company conducted a thorough backgroundWhat Should I Do:check of Marys criminal and credit histories and contacted allGood: Make at least the kind of background checks that protect you of her former employers. One Friday afternoon, the server goesfrom liability to others: driving record, basic educational confirmation, down and someone from Data Entry has to run over to the ITcriminal history, and possibly a drug test. Get written consent for the company to pick up a part. Data Entry sends Mary and instructstests or you may become liable to the applicant.her to hurry because there is a deadline looming on a project.Mary jumps in her car and promptly runs a red light trying toBetter: All of the above, plus the additional checks listed with the get there quickly. In the process, she runs down 10-year-oldexception of Googling, and always get a consent for all types of checks.Johnnie, turning him into a quadriplegic. During the deposition of Data Entrys president, the lawyer for young Johnnie hands overBest: Good and Better, plus, invest in a background check that covers a copy of Marys horrific driving record and asks the presidentInternet persona and sanitizes results for information about protected classes.8'