I am unsure how to proceed with this guidance. DODD states that the employee cannot work in the field but after they complete the diversion program the will NOT have a disqualifying offense on their record. Can they reapply? How do we deny employment when they will not have the disqualifying offense on their record?

 

This seems similar to someone that is charged with domestic violence and then pleads down to disorderly conduct. The first charge is a disqualifying offense while the pled down offense is not.

 

I see this as yet another barrier to hiring in an already difficult market.

 

 

 

Kurt A. Miller, CEO
Empowering People Inc.
2460 Elm Rd. Suite 600
Warren, OH   44483
Phone/Fax: 330-974-1266
Cell: 330-307-6816
 

Empowering and Supporting People with Disabilities

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From: opra_members@opra.simplelists.com [opra_members@opra.simplelists.com] on behalf of Janice Hall [jhall@opra.org]
Sent: Monday, June 10, 2019 3:23 PM
To: opra_members@opra.simplelists.com; Anita Allen
Subject: [!!Mass Mail]Re: Member Question

Hello members,


In answer to the question posed below, here is what DODD says:


https://files.constantcontact.com/141902ea301/4e1dac91-f293-4513-9bea-42af8756a749.pdf


This guidance came out with today's Memo Monday under "Rule Changes:  Background Investigations"


I hope this answers your question.  


Janice Hall

Special Projects Manager

OPRA

740-432-2921

740-260-7278 (Mobile)

From: opra_members@opra.simplelists.com <opra_members@opra.simplelists.com> on behalf of Anita Allen <AAllen@opra.org>
Sent: Wednesday, June 5, 2019 1:25:33 PM
To: opra_members@opra.simplelists.com
Subject: Member Question
 

Member question below

 

Hi Anita,

 

A question for the group. We have a new hire that was charged and plead guilty to shoplifting offense under 2913.02. However the employee “was not convicted of the charge against her. When she successfully completes the Pretrial Diversion Program the pending charge will be dismissed.” Does this meet the standard for a “disqualifying offense” under the code and she is subject to discharge, or can she proceed with employment based on the manner in which the court has elected to address the charge? Thanks.

 

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