As Published in the July/August Journal of Corporate Recruiting Leadership
You could be liable if you use what you find in a hiring decision. Then again, you could be liable if you don’t.
Background checks are designed to use past performance-at work and beyond-to predict future success at work. The key to successful background checks is [...]
On June 17, 2010, the U.S. Supreme Court decided a highly anticipated workplace privacy case, Ontario v. Quon. However, the outcome was anticlimactic as the Court found a narrow basis for deciding the case and did not touch the privacy issue, leaving it for another case and another day.
In this case, the Ontario, California police department gave [...]
America is using social media (e.g. Facebook, MySpace, Twitter, etc.) to publish everything from the profound to the mundane. For employers, this leads to the tremendous potential for employees to enhance or harm the company’s reputation through their online activities.
One of the more significant decisions of 2006 was handed down by the California Supreme Court regarding the recordation of phone calls. In Kearney v. Solomon Smith Barney, the court held that all phone calls with California residents must comport with California’s Privacy Act, which prohibits any person from monitoring or recording a telephone conversation [...]
California’s newly enacted Investigative Consumer Reporting Agencies Act (ICRAA) requires the results of any background check be furnished to the investigated person, including applicants for employment. Any collected data regarding reputation, personal characteristics or mode of living must be reported within one week or at the interview, whichever is sooner. The California legislature aimed to [...]