Q. "If an employee's DMV check reveals recent driving violations, can we restrict their driving duties?"
Answer:
When a ministry implements professional standards—like running Motor Vehicle Record (MVR) checks through an HR provider—it often uncovers issues that require a careful balance of grace and operational wisdom. Whether it’s a minor speeding ticket or a recent distracted driving charge, handling these "red flags" requires a clear process.
1. The Insurance Gateway
In ministry operations, the insurance carrier is the final word. Driving for the church is a high-liability activity, and if a report shows significant violations, your first call must be to your agent. If the carrier excludes the employee from coverage, the conversation about driving duties ends there. Protecting the ministry’s assets and its congregation from uninsurable risk is a fundamental part of good stewardship.
2. The Disclosure Requirement
A common pitfall is running these checks without the proper federal paperwork. Under the Fair Credit Reporting Act (FCRA), an MVR is a consumer report. To remain compliant, you must provide the employee with a standalone disclosure document—separate from your handbook—and get their written signature before the check is initiated. This transparency protects the ministry from legal liability and ensures the staff member isn't caught off guard by the process.
3. Adjusting Duties with Grace
If a report comes back with concerns, lead with a transparent conversation. This allows the employee to provide context while you reiterate the safety standards of the ministry. If their role involves transporting “vulnerable” populations, a temporary change in duties may be necessary. Also, ensure your Staff Handbook contains the appropriate policies to help everyone understand that safety is a shared priority rooted in your mission to care for others.