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Abstract: 

When a college is sued for negligent hiring or retention of an employee, it can defend itself on the basis that it conducted a criminal background check, prior to hiring, which showed nothing, and that the employee’s act was not foreseeable. There is a flip side, however, to criminal background checks. Many people have arrest records without any convictions, or have criminal convictions in the distant past but have lived law-abiding lives since that time. Should their past records prevent them from obtaining employment? A look at the complexities of conducting criminal background checks.

Keywords: Griggs v. Duke Power Co.; Dothard v. Rawlinson; El v. Southeastern Pennsylvania Transportation Authority; Connecticut v. Teal; Federal Educational Records and Privacy Act; FERPA

Affiliations:  1: Co-Editor; 2: Co-Editor.