NCJ Number
48464
Date Published
1978
Length
143 pages
Annotation
LEGAL PROBLEMS RESULTING FROM THE USE OF INFORMATION FROM PERSONAL HISTORY STATEMENT AND RELATED INVESTIGATION TO QUALIFY OR DISQUALIFY PEACE OFFICERS FOR UNEMPLOYMENT ARE DISCUSSED.
Abstract
BECAUSE TWO RECENT COURT DECISIONS ENJOINED THE FURTHER USE OF BACKGROUND INVESTIGATIONS WHERE THEY RESULTED IN ADVERSE EFFECT, UNTIL WRITTEN CRITERIA COULD BE DEVELOPED REGARDING THEIR RELATIONSHIP TO JOB PERFORMANCE, THE FEDERAL EXECUTIVE AGENCY (FEA) GUIDELINES ON EMPLOYEE SELECTION PROCEDURES WERE DEVELOPED AND APPLIED TO ALL PUBLIC AGENCIES. THE BACKGROUND INVESTIGATION IS AN INTEGRAL PART OF THE PREEMPLOYMENT SCREENING PROCESS FOR ENTRY-LEVEL LAW ENFORCEMENT PERSONNEL, AND INASMUCH AS IT MAY BE A DISQUALIFYING FACTOR IN THE SELECTION PROCESS -- IF IT RESULTS IN ADVERSE EFFECTS AGAINST MEMBERS OF A PROTECTED GROUP -- IT MUST BE JOB-RELATED ACCORDING TO THE FEA GUIDELINES. INFORMATION IS PROVIDED ON THE FOLLOWING SUBJECT AREAS COVERED IN BACKGROUND INVESTIGATIONS: CITIZENSHIP; CHARACTER; ARREST RECORDS; CONVICTIONS; ALCOHOL AND DRUG ABUSE; SEXUAL CONDUCT, INDEBTEDNESS; REFERENCES; RESIDENCY; MILITARY SERVICE; MARITAL STATUS AND FAMILY RESPONSIBILITIES; HEIGHT AND WEIGHT; AGE; EDUCATION; GROOMING; PHYSICAL AND MENTAL CONDITION; AND OTHER AREAS OF INQUIRY. RECOMMENDATIONS REGARDING THE USE OF INVESTIGATION INFORMATION IN SOME SUBJECT AREAS ARE PROVIDED. SOME AREAS, HOWEVER, DO NOT LEND THEMSELVES TO A FINAL RECOMMENDATION, BUT INSTEAD REQUIRE CONSIDERATION OF RECOMMENDED GUIDELINES. A SUMMARY OF SUBJECT AREAS EVALUATED IN THE BACKGROUND INVESTIGATION GUIDE, RECOMMENDATIONS FOR USE OF BACKGROUND CHECK INFORMATION, AND SAMPLE PERSONAL HISTORY FORMS ARE APPENDED. A CASE TABLE SUPPLEMENT IS ALSO PROVIDED. (KBL)