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由于背景调查政策的变化而对学校提起的诉讼

宾夕法尼亚州已被四名教师起诉,他们正在为保护儿童的新法律到位而努力保住他们的工作。根据宾夕法尼亚州的一项新法律,所有学校员工,包括教师、行政人员、承包商和支持人员,必须在三天内报告某些逮捕或定罪情况。必须报告的罪行包括人身攻击、性攻击、凶杀和绑架。总共有 28 项罪行必须向当局报告。

由于对法律的解释似乎引起了问题,因此由于这项新法律,已经对国家提起了四项单独的诉讼。 法律规定,任何被判犯有这 28 项罪行之一的人都将被立即解雇。然而,这似乎意味着这仅适用于未来的员工,而不是那些已经在宾夕法尼亚学校工作的员工。重要的是要注意,提起诉讼的人是那些被判犯有这 28 项罪行之一并有可能因这项新法律而被解雇的人。如果他们败诉,他们将失去教师的工作。

教师们将争辩说该法律违宪,并且这些背景调查的结果不应适用于现有员工。他们表示,这侵犯了员工的正当程序权利,他们不应该再为这些罪行受苦,因为他们已经为自己所犯的罪行向社会付出了应有的代价。然而,这在法庭上将是一个艰难的卖点,因为许多学校都有持续进行犯罪监控的计划,而且美国的大多数公司都有与宾夕法尼亚州学校类似的政策。总的来说,大多数人认为这是正确的做法,以确保学童在学习环境中的安全。


对于进行这些背景调查的公司,其中许多公司(例如 GOOHO)提供了一些出色的产品,使公司能够确保他们雇用和留住具有无犯罪记录背景的员工。甚至有像持续犯罪监控这样的产品将被用作其他产品的附加组件。当与他们的其他产品结合使用时,犯罪监控可用于持续扫描一个人的姓名,并在他们的记录中出现新的犯罪时进行报告。使用这些工具可以帮助儿童在上学期间保持安全和健康。

The state of Pennsylvania have been sued by four teachers who are fighting to save their jobs after new laws have been put in place to protect children. Under a new Pennsylvania state law, all school employees, including teachers, administrators, contractors and support staff, must report certain arrests or convictions within three days. The crimes that must be reported include physical assault, sexual assault, homicides and kidnapping. In total, there are 28 crimes that must be reported to authorities.

Four separate lawsuits have been filed against the state due to this new law as the interpretation of the law seems to be causing problems.  The language of the law states that anyone who is convicted of one of these 28 crimes would be terminated from their job immediately. However, it seems to imply that this is only for future employees, not those who are already employed by Pennsylvania schools. It is important to note that those who are filing lawsuits are those who have been convicted of one of these 28 crimes and are at risk of termination due to this new law. If they lose the lawsuits, they will lose their jobs as teachers.

The teachers will be fighting that the law is unconstitutional and that the results of these background checks should not apply to current employees. They state that it violates the due-process rights of the employees and they should not have to suffer further for these crimes as they have already paid their dues to society for the crimes that they have committed. This will be a hard sell in court, however, since many schools have programs where criminal monitoring is done continuously and most companies in the US have similar policies as Pennsylvania schools have. In general, most people believe that this is the right thing to do in order to keep school children safe while in a learning environment.

When it comes to the companies who do these background checks, many of them, like backgroundchecks.com, offer some excellent products that allow companies to make sure they are hiring and retaining employees who have a clean criminal background. There are even products like Ongoing Criminal Monitoring that will be used as an add-on to their other products. When used in conjunction with their other products, criminal monitoring can be used to continuously scan a person’s name and report when new crimes appear on their records. Using these tools can help keep children safe and well while they go through their school day.


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