So, for example, while some companies will let a misdemeanor slide, others would rather have someone with a completely clean slate whatever that means in an era of checking 20, records to vet a person. Not anymore.
In some cases, sure - your boss should know if you killed or sexually assaulted someone over the weekend. Should anyone with a domestic violence complaint have that kept in their employment records in the event that they become a threat to their co-workers? There have been multiple cases of collateral damage when violence follows a person into work, so one could make the case that it keeps employees safer. But background checks are not just limited to criminal behavior.
Your financial data can be handed over to your bosses as well. While companies like Endera are not allowed to look through credit bureau information thanks to the Fair Credit Reporting Act FCRA , instead they just work backward from bankruptcies to foreclosures, pre-foreclosures, garnishments, liens, large asset purchases, and payday loans to identify financial pressures that might seep into the workplace.
What if they think that makes you more likely to commit theft, fraud, or makes you more susceptible to bribery? Where do we draw the lines? Should they only know if you lose? Does keeping someone in middle management because of a DUI, year-old misdemeanor, or bankruptcy filing really make sense?
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There are certainly cases where employers will claim that it does, but are we really helping anyone by stalling their career advancement? In his book Three Felonies a Day , Harvey Silverglate argues that even honest citizens "cannot predict with any reasonable assurance whether a wide range of seemingly ordinary activities might be regarded by federal prosecutors as felonies.
I reached out to Mr.
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