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Legal Focus

 
02Aug

Pennsylvania Background Check Updates

8/2/2013| Reference Number : 25.0| Human Resources | Background checks | | Return|

In 2011, changes to 24 P.S. § 1-111 (Act 24) were passed tightening the state’s qualifications for certain employees working with or around children by expanding the list of disqualifying offenses and by making those convictions a lifetime ban as opposed to a short term (five year) restriction. Since that time the Commonwealth Court of Pennsylvania has issued several opinions holding that the modified statute was “unconstitutional as applied” in several cases but has not held that the words of the statute itself were unconstitutional. According to documents obtained through a recent Right to Know Request, one of these “as applied” violations resulted in a $70,000 settlement in favor of a terminated school bus driver. This article will detail the updated language of Act 24, will explain how it affects you as a contractor, and will provide guidance about what to do if you believe you must take adverse employment action in relation to Act 24.

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