In an opinion filed March 23, 2010, a California court of appeal affirmed a decision by Judge Emilie Elias of the Los Angeles Superior Court dismissing a lawsuit filed by William Mendoza against ADP Screening and Selection Services ("ADP"). Mendoza alleged ADP conducted a pre-employment check on him and in doing so accessed the Megan's Law website (www.meganslaw.ca.gov), which provides information on sex offenders. The complaint implicitly alleged Mendoza's employer did not hire him due to the information uncovered by ADP on the website.
The appellate court held ADP's conduct was constitutionally protected speech on a subject of public interest, further noting it was "swayed by the public interest in safe workplaces."
California's Penal Code section 290.46 permits use of the information on the Megan's Law website "only to protect a person at risk" but otherwise prohibits the use of such information relating to employment. The appellate court noted "a strong argument might be made that employees are persons at risk whom an employer has a duty to protect from a sexually violent predator."
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