Calvin Associates, Inc.

post »“Megan’s Law: How California Limits its Use for Employment Purposes 7-31-15

August 12 2015, 6:34 pm

http://www.jdsupra.com/legalnews/megan-s-law-how-california-limits-its-73207/

Bruce’s summary: Can an employer use Megan’s Law (CA Penal Code S 290.46) to make hiring decisions? Yes and no. Megan’s Law requires all convicted sex offenders to register with the state. This registry of 83,000 names is published online. Employers cannot use information from this registry to refuse to hire, fire, or demote unless it is “to protect a person at risk.” Ex: employers such as day care centers, hospitals, senior centers, schools, etc. Most employees in all other industries, as well as patrons, may not be “persons at risk.” If an employer is not in an industry that employs or has patrons as “persons of risk” – not hiring a person, firing  or demoting them because their name is on the sex offender registry exposes them to potential litigation and damages, fines, and attorneys’ fees. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”