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Relevance of Previous Criminal Acts to Employment Decisions

Are prior criminal acts relevant in deciding whether to use a worker?

Ohio
State:
Key point: A prospective worker's previous criminal act may have occurred so long ago that it no longer is relevant in evaluating whether or not to use the worker.

• In a significant ruling, an Ohio appeals court ruled that an employer was not liable for a worker's rape of a 9-year-old girl even though the employer failed to discover that the worker had been convicted of a similar crime 20 years earlier. A metropolitan housing authority hired a general contractor to perform work on some of its apartment units. The general contractor hired a subcontractor who hired a worker to lay floor tiles in vacant apartment units. One morning the subcontractor found two young girls in a vacant apartment with the worker. When questioned, the worker explained that the girls were "helping him." The subcontractor told the worker that he did not like the arrangement, but did nothing about it. Later ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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Posted:
  • May 2, 1994

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