Robert Nobile and Gloria Galant Published in HR Advisor
“Avoiding the Legal Pitfalls of Using Conviction Records in Hiring and Other Employment Decisions”

Robert Nobile and Gloria Galant’s article, “Avoiding the Legal Pitfalls of Using Conviction Records in Hiring and Other Employment Decisions,” was published in the September/October 2009 issue of HR Advisor. In their article, the authors discuss how companies can help minimize their exposure to the legal pitfalls of using conviction records in employment decisions. Bob and Gloria note that “companies can start by familiarizing themselves with federal and state laws relating to the use of criminal conviction records in the employment process and ensuring that the company fulfills its obligations by obtaining this information under the Federal Fair Credit Reporting Act and applicable state fair credit reporting laws.”

The authors also explain what employers should do pursuant to the Fair Credit Reporting Act. Bob and Gloria note that, in the event adverse information comes back to the employer on a background report, the employer must “advise the applicant/employee of the adverse information that is contained in the report, and, in essence, that the Company is thinking of taking an adverse action based upon the report; provide the applicant/employee with the name of the consumer reporting agency that provided the report; advise the applicant /employee that he/she can dispute inaccurate or incomplete information; and provide the applicant/employee with another copy of the ‘A Summary of Your Rights Under the Fair Credit Reporting Act.’” The authors point out that the applicant must be provided with a reasonable period of time to review the report and respond to any alleged discrepancies.