A California county implemented a new policy that required technology employees represented by the Service Employees International Union, Local 721 to undergo and pass a background check. An employee's failure to pass the background check was cited as grounds for termination. The county and union negotiated over the effects of the policy, but failed to reach an agreement. The union declared an impasse, but the county turned down an offer to mediate. The union then submitted a request to the Public Employment Relations Board for fact-finding, a request the Board granted over the county's objection. The county went to court, arguing that the fact-finding provisions of the statute empowering the Board applied only to an impasse from negotiations for a new or successor contract, not to discrete constitutional violations. It also argued that the statute's fact-finding provision's violated its constitutional right to set employee compensation. An intermediate state appeals court rejected these arguments, finding that the fact-finding provisions applied to impasses that occur during negotiation over any bargainable matter, and the fact-finding provisions, since they did not divest a county or city of any final decision-making authority, were constitutional. Co. of Riverside v. Public Employment Relations Bd., #D069065, 2016 Cal. App. Lexis 244.
     In an unlawful detention lawsuit, "a reasonable jury could find that [the town] did not adequately investigate [the officer's] military service, conduct a psychological fitness for duty evaluation, or adequately follow up on [his] references. Given the information about [his] propensity toward anger, his spotty employment history, and the facts surrounding his other-than-honorable discharge from the Navy, the plaintiffs have sufficiently alleged genuine issues of material fact on their claims of negligent hiring and retention." Woods v. Town of Danville, WV, #2:09-cv-0036, 2010 U.S. Dist. Lexis 47666 (S.D. W. Va.).
     Female black applicant who was rejected for employment as an immigration inspector because of prior her workplace misconduct and public drunkenness, failed to show that the use of background checks had disparate impact on blacks or women. Crawford v. Dept. of Homeland Security, 101 FEP Cases (BNA) 948, 2007 U.S. App. Lexis 19540 (5th Cir.).
     Federal Trade Commission obtains a $325,000 settlement with a private employer, based on its failure to provide notice to unsuccessful job seekers that their rejections resulted from credit reports. United States v. Imperial Palace Inc., #CV-S-04-0963 (D. Nev. 2004). {N/R}
     Texas Governor signs a Bill to help prevent "gypsy cops who jump from town to town because of poor performance or unethical behavior." H.B.2677, amending Texas Occupations Code §1701.451, relating to employment records maintained by the Commission on Law Enforcement Officer Standards and Education. [2005 FP Sep]
     Appeals court rejects a defamation claim by a worker who was fired after a background investigation revealed possible criminal conduct. The signed release barred any lawsuit, even if the firm that oversaw the investigation did not have a state license to conduct investigations. McCleskey v. Vericon Resources, #A03A1066, 2003 Ga. App. Lexis 1376, 20 IER Cases (BNA) 1065 (2003). [2004 FP Feb]
     Firefighters, police officers and others who work at an airport need security clearances under 18 U.S. Code §1001(a)(2). The Fourth Circuit, in reversing a lower court, held that the FAA may lawfully include questions about relevant misdemeanor convictions in addition to felonies. U.S. v. Baer, #02-4667, 324 F.3d 282 (4th Cir. 2003), dismissed by 274 F.Supp.2d 778, 2003 U.S. Dist. Lexis 13240 (E.D. Va. 2003). {N/R}
     The U.S. Government implements more stringent standards for new and current employees with jobs requiring a security clearance. Info site: www.dss.mil/isec/smithguidei.htm [2001 FP 148]
     Federal Office of Personnel Management moves 700 employees to the US Investigations Service, Inc., an "Employee Stock Ownership Plan" company. OPM retains policy and oversight control for federal agency clients. The firm provides investigations services at less cost. It is the first employee-owned company to be spun off from a federal program. www.opm.gov/ {N/R}
     California appellate court gives absolute immunity to an ex-employer that scuttled the plaintiff's opportunity to become a police officer. Bardin v. Lockheed, 82 Cal.Rptr.2d 726, 1999 Cal.App. Lexis 174. [1999 FP 67]
     California appellate court rejects a wrongful termination suit because the employer was entitled to rely on an investigator's comprehensive report. Issue is not whether the accused worker committed the misconduct alleged, but whether the employer reasonably believed the investigator. Court outlines the contents of a reliable investigation. The investigator's reports are admissible into evidence to show the employer's good faith. Silva v. Lucky Stores, 65 Cal.App.4th 258, 76 Cal.Rptr.2d 382, 1998 Cal.App. Lexis 589. [1998 FP 132-3]
     Citing supremacy provisions, federal appeals court allows FBI to hire unlicensed private investigators as background investigators, who do not comply with state regulatory requirements. U.S. v. Virginia, #CA-97-39A, #97-2045, 139 F.3d 984, 1998 U.S. App. Lexis 5752, 1998 WL 128488 (4th Cir.). [1998 FP 72-3].
     Demoted manager claimed his employer targeted him for a sexual harassment investigation, manufactured evidence against him, leaked information from the investigation to other employees and promoted another person to his job. Even if true, those allegations are no more than an employer-employee conflict; they do not rise to the level of "outrageous conduct," and do not entitle the plaintiff to recover damages. Kerrigan v. Britches, 1997 D.C.App. Lexis 231, 13 IER Cases (BNA) 595. {N/R}
     Arbitrator upholds placing a prison employee on "home duty" while complaints about him are under investigation. Employees have no right to insist on paid administrative leave. Loss of overtime and premium pay is not compensable. U.S. Dept. of Justice and AFGE L-919, 107 LA (BNA)1057 (Thornell, 1997). [1997 FP 67-8]
     Federal court limits what preemployment questions may be asked of police and fire applicants in Houston. $490,907 in damages and costs awarded to three rejected applicants. Woodland v. Houston, 918 F.Supp. 1047, 11 IER Cases (BNA) 847; stay gtd. (pend. app.) #96-20358 (5th Cir., 1996). [1996 FP 100-1]
     Florida law mandates submission of police employment separations and immunizes administrators from liability for reporting separation reasons to the state. Fla. L. 92-131 amending Sec. 943 Fla. Stat. [1993 FP 4/8/92]. [1993 FP 3-4]
     Employers (and former employers) have a privilege from suits for defamation filed by affected employees. Police trainee could not sue former employer for reporting he took company property without permission. Garacia v. Walder, 563 So.2d 723 (Fla. App. 1990).
     Federal court limits scope of questions asked fire and police applicants in Houston. City can no longer ask about sexual habits or minor offenses including prior use of marijuana. Woodland v. City of Houston, 731 F.Supp. 1304 (S.D. Tex. 1990). REVERSED, injunction vacated on non-substantive grounds, 940 F.2d 134 (1991). Case was still in litigation as of 1997.
     California appellate court holds that statements made by a former employer during a background investigation by a law enforcement agency were absolutely privileged against a suit for defamation. Shea v. General Tel. Co., 193 Cal.App.3d 1040, 238 Cal.Rptr. 715 (App. 1987).
     Federal court concludes that rejected applicant entitled to a hearing to refute veracity of derogatory background data. Doe v. U.S. Civil Serv. Cmsn., 483 F.Supp. 539 (S.D.N.Y. 1980).

    See also: Applicant Rejections.