2015

Hiring the right person to care for your kids and elderly parents is one of the most difficult decisions to make. And now a popular website that connects families and caregivers is facing questions about the thoroughness of its background checks.

In March of 2014, former nanny Sarah Cullen was convicted of felony child abuse leading to the death of 4-month old, Cash Bell. Cullen was sentenced to spend up to 70 years in prison. Cash's parents filed a wrongful death lawsuit against Cullen's previous daycare employer and Care.com.

The lawsuit alleges that the background check Cash's parents paid for through Care.com did not reveal a drunk driving conviction. The Bells claim had they known about the conviction, they would never had hired Cullen as their nanny. The case has raised questions about how Care.com goes about screening potential caregivers.

If you are among the estimated one in four Americans with a criminal record, you might face an uphill battle in your job search. Surveys show that a majority of employers (92%) perform criminal background checks when hiring for at least some positions. If a prospective employer finds out that you have an arrest or conviction record, you might find it difficult tocompete, especially in today's tight job market. Job seekers with criminal records have some legal rights. Federal and state laws place some limits on how employers can use these records in making job decisions. California has a number of legal protections in place for job seekers and places more restrictions on employers than many others. There are also two federal laws that protect applicants with criminal records, at least in some situations: The FCRA and Title VII of the Civil Rights Act of 1964.

Infinity Staffing Solutions LLC d|b|a Lyneer Staffing Solutions has agreed to settle a class action lawsuit alleging it violated the FCRA with regard to background checks it obtained on job applicants. The background check class action lawsuit was filed by plaintiff John Giddiens on behalf of consumers who applied for jobs with Infinity Staffing Solutions and Lyneer Staffing Solutions. Giddiens alleges the companies violated FCRA by embedding a release and waiver of rights in the consent and disclosure document they require job applicants to sign prior to ordering a background check, and that they improperly used the background checks to make adverse employment decisions without providing the job applicant with a copy of the report. The defendants deny any wrongdoing but agreed to settle the class action to avoid the distraction, risk and expense of ongoing litigation.