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Employment Law NewsWorkplace Violence Prevention Act
Employment & Labor Practice Team
An employee receives an actual threat of workplace violence—what do you do? Effective December 1, 2004, North Carolina employers have another tool to help prevent workplace violence. The recently enacted Workplace Violence Prevention Act allows employers to seek a civil no-contact order on behalf of an employee who has been threatened with or actually suffered physical harm as a result of an individual’s action.
Employment Law News
Fair Credit Reporting Act and Third Party Investigations
Employment & Labor Practice Team
An employee commits an alleged act of misconduct. You, the employer, decide to have an outside firm investigate. The investigation should be conducted in accordance with the safe harbor provisions of the Fair Credit Reporting Act (FCRA) to avoid the advance consent and disclosure requirements of FCRA.
Employment Law News
When Does an Employer Obtain a Background Check on an Applicant?
Employment & Labor Practice Team
Historically, employers in most circumstances have had no duty to investigate a prospective employee’s prior work history or background, unless the employer knew of circumstances indicating the applicant was unsuitable. Exceptions were made for jobs that could pose unusual danger if the wrong person were hired e.g., armed security guards. A recent decision by the federal Court of Appeals for North and South Carolina demonstrates the continuing evolution in the employer’s duty to make an appropriate investigation into an applicant’s background before extending an offer of employment.
Employment Law News
Age Discrimination Based on a Neutral Policy — A New Threat
Employment & Labor Practice Team
In a significant case for employers, the U.S. Supreme Court recently ruled that the Age Discrimination in Employment Act (ADEA) allows current and former employees to prevail on claims for age discrimination even when an employer did not intentionally discriminate based on age.