Background Investigations

Subscribe to Background Investigations via RSS

Syed v. M-I, LLC, 846 F.3d 1034 (9th Cir. 2017)

When Sarmad Syed applied for a job with M-I, he was given a “Pre-employment Disclosure Release,” which informed him that his credit history and other information could be collected and used as a basis for the employment decision; the document also stated that by signing it, Syed was waiving his right to sue M-I…

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are scheduled to take effect on July 1, 2017, largely follow the EEOC’s 2012 Enforcement Guidance.

In addition to the new FEHC regulations and existing California law, which already limits employers’ use of criminal records when…

As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment has been made.

This week, the City of Los Angeles…

This bill makes it unlawful for an employer to request more or different documents than are required under federal immigration law, to refuse to honor documents tendered that on their face reasonably appear to be genuine, to refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work, or to reinvestigate or reverify an…

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although California law prohibited employers from asking about or considering arrests or detentions that did not result in convictions, the law did not impose any restrictions regarding what types of convictions employers could ask about…

Connor v. First Student, Inc., 2015 WL 4768123 (Cal. Ct. App. 2015)

Eileen Connor worked as a school bus driver for Laidlaw Education Services. After First Student acquired Laidlaw, it hired a third party agency (the “agency”) to conduct background checks on Connor and all other former Laidlaw school bus drivers and aides. Before conducting the background checks, First Student sent to each employee…

The plaintiff was an Australian citizen working as an associate attorney for the law firm of O’Melveny & Myers LLP on a work visa. In October 2009, Paramount extended to her a conditional offer of employment to serve as its Vice President, IT Legal, the offer being contingent upon the completion of a background investigation to Paramount’s satisfaction and the successful transfer of her work visa. The conditional offer indicated that a separate employment agreement would follow. When the plaintiff countersigned the conditional offer letter in late October, she told Paramount, for the first time, that she would not be able to start work until January 2010 because of a previously undisclosed secondment to a client of O’Melveny and because she needed to travel to Australia during the first week of January.

Nelson v. NASA, 512 F.3d 1134 (9th Cir. 2008)

NASA began requiring plaintiffs (long-time, “low-risk” contract employees of the Jet Propulsion Laboratory) to undergo a National Agency Check with Inquiries (“NACI”), which includes, among other things, a request for background information, the names of three references and disclosure of any illegal drug use within the past year, along with any treatment or counseling received…

E-Fab, Inc. v. Accountants, Inc. Services, 153 Cal. App. 4th 1308 (2007)

E-Fab designs and manufactures precision components and tools. When in 1996 E-Fab needed a temporary accountant, it contacted defendant Accountants, Inc. Services. Accountants represented to E-Fab that it had screened Vickie Hunt and had confirmed and verified her qualifications, credentials and accomplishments. From 1996 to 2003, Hunt embezzled approximately $1 million from…