The Supreme Court of the United States is back in session and about to hear a case regarding employment screening. The issue before them is essentially to what extent can an employer or in this case the federal government go in retrieving personal information as part of it employment screening program?
The case, National Aeronautics and Space Administration v. Nelson, was originally brought by 28 long-term, low-risk contract employees at a NASA research facility in California. The 9th Circuit Court of Appeals thought the questions being asked where intrusive enough to issue an injunction. One such question was about the employee’s illegal drug use in the past year.
Since many employers conduct some form of background checks as their employment screening program, the decision from SCOTUS could have untold ramifications. Or not. But there are basic issues of employer rights, and the concern for individual privacy rights. Where is the balance point? What is fair? There is the ongoing issue of employment credit checks, where access has been restricted in several states. Recently, a similar bill to restrict access to credit reports was vetoed in California.
Some believe criminal records are not relevant, either. Some. By no means all. I find it odd that that some think criminal records not to be relevant. It is especially odd when an employee does snap out and commit violent acts it is the employer who is liable, who must face the embarrassment and endure the fact that someone was injured or killed in that workplace.
Stay tuned.
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[…] for the past fifty years or so. I have written about this before with one article being, SCOTUS to Examine Background Checks. Others have also written about this issue as it will effect employment screening with regards […]