There are a great deal of regulatory guidelines, publicity, and confusion, about the need for criminal background checks of job applicants. A recent federal appeals court case indicates that in at least some circumstances, an employer may be sued in a negligent hiring claim based on a company’s failure to conduct a criminal background check. Keen v....
Obviously many jobs require the ability to effectively communicate. Sometimes, however, there is tension between an employer’s legitimate need to require an ability to communicate, and an applicant’s right be free of discrimination based on national origin. In a recent case, a Jamaican born applicant was not hired because his accent was too he...

Wimberly, Lawson, Steckel, Schneider & Stine

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