A California Court of Appeals decision filed March 23, 2010 maintained that a background screening firm has a constitutional right to report that an applicant has appeared on the Megan's Law website (MLW) as a registered sex offender. The Court further held that under the California law, prohibition on the use of such information for employment does not apply where there is a person at risk.

In the case Mendoza v. ADP Screening and Selection Services, Inc., an appeal from a job applicant who was denied employment most likely on the basis of his listing on the MLW alleged it was illegal for a background screening firm to report his sexual offender status. The screening firm defended its right to free speech with the California Anti-SLAPP statute, which is intended to protect parties from frivolous lawsuits. For a copy of the actual opinion, click here.

Corporate Screening will work to protect an employer's use of information that may be found on the MLW by researching the underlying criminal record that resulted in a person's placement on the MLW. This way, employers are using FCRA and ICRAA-compliant criminal record information obtained from the court of record instead of information gleaned directly from the MLW.

Furthermore, employers should note that there is no court definition of the term "person at risk" and are strongly advised to seek legal counsel with respect to the identifying at-risk groups within their respective organizations.

This court decision supports the ability of employers and background screening firms alike to continue creating a safe workplace for their employees, and protects the constitutional right of issuing of employment screening reports.

Questions? Visit www.CorporateScreening.com, contact us at 800.229.8606 and select option 3, or contact your Account Representative.