Legal Question in Employment Law in South Dakota
Personal questions on background check
I work for a church that is starting to do background checks on all people working with children and vulnerable adults. I have no issue with the basic concept. I do have concerns with this being done ''in-house'' with an office assistant conducting the online checks and I also have concerns with several of the questions including ''Have you ever been victim of any form of child abuse?'' and ''Have you at any time been involved in or accused rightly or wrongly of sexual abuse, maltreatment, or neglect?'' I feel that these are too personal to be ''investigated'' by an untrained office assistant. Is it legal to ask this type of question in the first place?
1 Answer from Attorneys
Re: Personal questions on background check
The questions may go over the line. I would wish to review the entire app + questionaire before providing a legal opinion. Call or e-mail for assistance.