Pub. 59 2018-2019 Issue 1

24 obtain improper Disclosure, Authorization, and Consent is another similar occurrence where plaintiff’s attorneys have obtained tens of millions in awards against businesses that are noncompliant. The Equal Employment Opportunity Commission (EEOC) can become involved if your screening process is not uniform. Further, the EEOC stipulates screening should incorporate individualized assessments while avoiding blanket “nohire” policies against applicants. Your screening partner should insulate your organization from potential litigation…not expose your dealership to it. Ban the Box Regulation inThe City of Austin You may have heard the terminology “Ban the Box” recently. Ban the Box laws exist broadly in public sector jobs (Cities, Counties, and State government jobs) on a national scale with private employer statewide regulation confined to (CA, OR, WA, MN, IL, NJ, CT, RI, VT, MA). In applying the EEOC’s wishes for avoidance of blanket policies and push for individualized assessments, there is a growing trend towards Ban the Box. Generally, the Ban the Box movement refers to avoiding an inquiry on your job application about an applicant’s criminal conviction history. The theory is having the criminal conviction history inquiry on a job application may cause the application (and therefore the applicant) to be discarded without an individualized assessment and “getting to know” the applicant. The premise is that making the criminal conviction history inquiry “later in the process,” with the opportunity for the applicant to explain the circumstances, will allow for a more individualized assessment. In March of 2016, Austin’s Fair Chance Hiring Ordinance (Ban the Box) was enacted which can potentially impact your dealership if you are in the city limits of Austin. Austin’s law, along with the State of California’s, prevents private employers from asking questions of an applicant about their prior criminal conviction history during the application or interview process. Instead, Austin and the State of California have taken it a step further in mandating that private employers must extend a contingent offer of employment to the individual prior to such inquiries.This does not mean that you cannot ask about criminal conviction history or run a background check on an applicant, rather, you must do so after a conditional offer of employment has been extended and written consent obtained. In the event the results are unfavorable, dealers can still withdraw a contingent job offer for any lawful reason, including determination that an individual is unsuitable for the job based on an individual assessment of the candidate’s criminal conviction history. The Good News For 8 years now, Texas based firm The Cole Group has been the officially Endorsed screening partner of TADA. The Cole Group has been in the screening industry since 1973 and over 550 Texas Dealers, and over 1,300 nationally, trust inThe Cole Group’s expertise. If you are experiencing high employee turnover, if your background checks are not comprehensive and compliant, or if you do not even know where to start, The Cole Group can help your dealership. Just give us a call at 800.232.5602 or email us at inquiries@thecolegroup.com to learn more.  This article is intended for informative purposes and should not be construed as legal advice.  BACKGROUND CHECKS — CONTINUED FROM PAGE 23