Bouncing off your "JMO comment" @scaredtopost...
Depending on the employer and who performs a background check (in-house vs. consumer reporting agency), pending charges and other info related to the hiree
will be checked (see below).
BBM
From Privacy Rights Clearinghouse – Fact Sheet 16: Employment Background Checks: A Jobseeker's Guide
According to a
study conducted by the Society for Human Resource Management, approximately two-thirds of organizations conduct criminal background checks on all of their job candidates. Whether you are hired or promoted may depend on the information revealed in a background check. Job applicants and existing employees as well as volunteers may be asked to submit to background checks. For some jobs, screening is required by federal or state law.
[...]
Does a criminal record mean I can never get a job?
Not necessarily. The U.S. Equal Employment Opportunity Commission (EEOC) has said that use of criminal history may sometimes violate Title VII of the Civil Rights Act of 1964. This can happen, the EEOC says, when employers treat criminal history differently for different applicants or employees.
The Equal Employment Opportunity Commission (EEOC) says that a person cannot be denied employment based on a criminal record alone. Instead, the decision to hire or not must be based on a “business necessity,” which requires the employer to consider:
- The nature and gravity of the offense or offenses.
- The time that has passed since the conviction and or completion of the sentence.
- The nature of the job held or sought.
EEO laws apply in employment situations whether the employer hires a third-party screening company or not. The Fair Credit Reporting Act (FCRA) requires compliance with EEO laws.
The EEOC has issued extensive
guidelines for employers in considering the criminal history of a job applicant or employee. To aid in compliance with Title VII, the EEOC guidelines provide employers with examples of best business practices.
From EEOC Guidelines – Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964
2. Arrests
The fact of an arrest does not establish that criminal conduct has occurred.101 Arrests are not proof of criminal conduct. Many arrests do not result in criminal charges, or the charges are dismissed. Even if an individual is charged and subsequently prosecuted, he is presumed innocent unless proven guilty.
[...]
2. What Is Included in a Background Check?
Background reports can range from a verification of an applicant's Social Security number to a detailed account of the potential employee's history and acquaintances. Information included in a background check will depend to some extent on the employer and the job involved. For many jobs, a state or federal law requires the employer to conduct a background check.
Jobs that involve work with children, the elderly or people with disabilities are examples of jobs that will almost certainly require a criminal background check. Some employers search social networking sites such as Facebook for the profiles of applicants.
Here are some of the pieces of information that might be included in a background check. Note that many of these sources are public records created by government agencies.
- Driving records
- Vehicle registration
- Credit records
- Criminal records
- Social Security no.
- Education records
- Court records
- Workers' compensation
- Bankruptcy
- Character references
- Medical records
- Property ownership
- Military records
- State licensing records
- Drug test records
- Past employers
- Personal references
- Incarceration records
- Sex offender lists
IMO, there is certainly the possibility that any employer could perform a background check and find out info that Sidney St Clair Moorer was charged with murder, kidnapping, obstruction of justice, and indecent exposure. A simple Google search will tell you that.
Whether or not they hold any of the charges against him is really up to hiring company. They definitely cannot discriminate against him for any pending charges (or even a conviction under certain circumstances).
My thing is, how many employers actually tell you why they didn't hire you? Slim to none in my experience. They just don't call you back, or give you some generic answer.
I cannot see how Disney (of all places) would overlook any type of murder-related charge (conviction or not). It's not like they couldn't give some other excuse for not hiring him. :moo:
