DC(LEGAL) - EMPLOYMENT PRACTICES

Former Board Member Employment

Employee Information

Completes section 1—''Employee Information and Verification''—on the Form I-9 at the time of hire and signs the attestation with a handwritten or electronic signature in accordance with 8 C.F.R. 274a.2(h), or if an individual is unable to complete the Form I-9 or needs it translated, someone may assist him or her in accordance with 8 C.F.R. 274a.2(b); and

Present to the employer or the recruiter or referrer for a fee documentation as set forth in 8 C.F.R. 274a.2(b)(1)(v) establishing his or her identity and employment authorization within the time limits set forth in 8 C.F.R. 274a.2(b)(1)(ii) through (b)(1)(v).

8 C.F.R. 274a.2(b)(1)(i)

Verification of Employment Eligibility

Within three business days of initial hiring.

An employer who hires an individual for employment for duration of less than three business days must comply at the time of hire.

If an individual's employment authorization expires, reverification on the Form I-9 must occur not later than the date work authorization expires.

8 C.F.R. 274a.2(b)(1)(ii)-(iii), (vii)-(viii)

Gov't Code 673.002; 40 TAC 843.3

New Hire Reporting

42 U.S.C. 653a(b)–(c); Family Code 234.104; 1 TAC 55.303(a)–(c)

Deadline

Not later than 20 calendar days after the date the employer hires the employee; or

In the case of an employer transmitting reports electronically, by two monthly transmissions (if necessary) not less than 12 days nor more than 16 days apart.

TAC 55.303(d)

Penalties

Social Security Numbers

Exceptions

Any disclosure which is required by federal statute.

The disclosure of a social security number to a federal, state, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted before such date to verify the identity of an individual.

5 U.S.C. 552a Note; PL 93-579, 7(b), 88 state 1896 (1974)

Statement of Uses

Criminal History Records of Certain Applicants

Handles currency;

Has access to a computer terminal;

Has access to the personal information or identifying information of another person;

Has access to the financial information of the college district or another person;

Has access to a master key; or

Works in a location designated as a security-sensitive area.

Gov't Code 411.094; Education Code 51.215

Obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to that person; or

Obtain from any other criminal justice agency in this state criminal history record information maintained by that criminal justice agency that relates to that person.

Gov't Code 411.087(a)

Participation in the Criminal History Clearinghouse

Provide authorized entities with the Texas and FBI fingerprint-based criminal history results.

Provide authorized entities with subscription and notification service to disseminate updated criminal history information.

37 TAC 27.171, .172(4), (8), .174

Retirees

The governing board of the institution determines that the employment is in the best interests of the institution; and

The person has been retired for at least 30 days before the effective date of the employment, except that a person retired under the optional retirement program may be rehired after retirement without a break in service.

Education Code 51.964

Report

An employer shall file a monthly certified statement of employment of a retiree in the form and manner required by the retirement system. Gov't Code 824.6022; 34 TAC 31.2

Employment Preference for Veterans

"Veteran"

"Veteran with a Disability"

Eligibility

A veteran, including a veteran with a disability;

A veteran's surviving spouse who has not remarried; and

An orphan of a veteran if the veteran was killed while on active duty.

Gov't Code 657.002

Application of the Preference

A veteran with a disability;

A veteran;

A veteran's surviving spouse who has not remarried; and

An orphan of a veteran if the veteran was killed while on active duty.

Gov't Code 657.003

Veteran Employment Goal

Designation of Open Position

Interviews

If the total number of individuals interviewed for the position is six or fewer, at least one individual qualified for a veteran's employment preference under Government Code 657.003; or

If the total number of individuals interviewed for the position is more than six, a number of individuals qualified for a veteran's employment preference under Section 657.003 equal to at least 20 percent of the total number interviewed.

Gov't Code 657.0047

Employment Investigation

Federal Law and Grants

Reporting

The percentage of the total number of employees hired or appointed by the agency during the reporting period who are persons entitled to a preference under Government Code Chapter 657;

The percentage of the total number of the agency's employees who are persons entitled to a preference under Chapter 657; and

The number of complaints filed with the executive director of the agency under Government Code 657.010 during that quarter and the number of those complaints resolved by the executive director.

Gov't Code 657.008

Posting Requirements

The name of the public entity;

The location where the job is to be performed including city and state;

A description of the job opening;

The minimum educational and work experience required for the position; and

Contact information regarding the opening.

Gov't Code 657.009(a)–(b); 40 TAC 843.2

Complaint Procedures

Employment ?Preference for Former Foster Children

Exceptions

Conflict with Federal Law or Grant

Grievance Process

Campus Programs for Minors

The individual submits to the program operator or the campus program for minors has on file documentation that verifies the individual within the preceding two years successfully completed the training and examination program on sexual abuse and child molestation; or

The individual successfully completes the campus program for minors' training and the examination program on sexual abuse and child molestation, which must be approved by the department, during the individual's first five days of employment by the campus program for minors, and the campus program issues and files documentation verifying successful completion.

Submit to the Texas Department of State Health Services (DSHS), on the form and within the time prescribed by DSHS, verification that each employee of the campus program for minors has complied with the training and examination requirements and the fee assessed by DSHS; and

Retain in the operator's records a copy of the required documentation for each employee until the second anniversary of the examination date.

Is operated by or on the campus of an institution of higher education or a private or independent institution of higher education;

Offers recreational, athletic, religious, or educational activities for at least 20 campers who are not enrolled at the institution; and attend or temporarily reside at the camp for all or part of at least four days; and

Is not a day camp or youth camp as defined by Health and Safety Code 141.002 or a facility or program required to be licensed by the Department of Family and Protective Services.

Education Code 51.976(a)(2), (b)–(d)

Consumer Credit Reports

Definitions

15 U.S.C. 1681a(d), (f), (h), (k)

Obtaining Reports

A clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and

The consumer has authorized in writing (which authorization may be made on the document referred to in item 1) the procurement of the report by that person.

15 U.S.C. 1681b(b)(2)(A)

Exception

Adverse Action

Note: The following provisions apply to a college district that uses consumer reports.

Address Discrepancies

16 C.F.R. 641.1

Disposal of Records

Implementing and monitoring compliance with policies and procedures that require the burning, pulverizing, or shredding of papers containing consumer information so the information cannot practicably be read or reconstructed;

Implementing and monitoring compliance with policies and procedures that require the destruction or erasure of electronic media containing a consumer report so that the information cannot practicably be read or reconstructed; or

After due diligence, entering into and monitoring compliance with a contract with another party engaged in the business of record destruction to dispose of material, specifically identified as consumer information, in a manner consistent with this rule.

16 C.F.R. 682.1(b)–(c), .3

Tyler Junior College

DC(LEGAL)-LJC

UPDATE 35

DATE ISSUED: 12/3/2018