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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11069
Experience:  Significant experience in all areas of employment law.
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We want to implement a pre-employment background screening

Customer Question

We want to implement a pre-employment background screening program for one of our offices in CA. Can we also background screening existing employees?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

There is no law that would prohibit an employer from performing background tests on existing employees. An employer can even force existing employees to assist in their background tests by providing necessary information or be terminated for their refusal.

The only restriction is that an employer cannot take adverse employment action on the basis of any information revealed through a background check that could be construed as motivated by an employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation). This would constitute discrimination.

For example, if it were revealed througha background check that an employee practices a particular religion, they could not be terminated on that basis. (I realize that may be common sense.) But, if it were revealed through a background check that an employee was convicted of a DUI, that would be a perfectly valid basis for termination.

I sincerely hope that this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

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