Archive for the ‘Criminal Background Checks’ Category

In the current job markplace, it has become increasing difficult to get a job. It is even more difficult for those with criminal backgrounds and or questionable credit or prior workers compensation injuries or claims. However, you should keep in mind that, if you are denied a job based upon any of these critera, you may have a legal basis to complain.

The Equal Employment Opportunity Commission has been cracking down on efforts to disqualify potential hires with criminal records or bad credit history, arguing that the practice can be tantamount to discrimination, as such applicants are disproportionately black or Latino. Justice Department statistics show that 38 percent of the U.S. prison population is black, compared with about 12 percent of the general population. In 2008, African Americans were about six times more likely to be incarcerated than whites. The incarceration rate for Latinos was 2.3 times higher than whites.

A blanket refusal to hire someone with a criminal record could run afoul of federal employment law, though. If criminal histories are taken into account, the EEOC says employers must also consider the nature of the job, the seriousness of the offense and how long ago it occurred. For example, it may make sense to disqualify a bank employee with a past conviction for embezzlement, but not necessarily for a DUI.

The EEOC indicated its disapproval of such practices last fall, when it it filed a class-action discrimination lawsuit against Dallas-based Freeman Companies, an events planning firm. The EEOC alleged that Freeman Companies used credit history and criminal records to discriminate against against blacks, Hispanics and males. Freeman has denied the charges, according to the AP.

You should also keep in mind that under Florida law and most other state laws, it is illegal to refuse to hire someone based upon a workers compensation claim or injury with a prior employer.

If a potential employer does perform a credit or criminal history check it must be done in accordance with the Fair Credit Reporting Act and you must have given permission to do so. If your work state does not have a law that prohibits or otherwise regulates an employment credit check on you (you should verify if your state has such a law), then the employment provisions in the Federal Fair Credit Reporting Act (FCRA) rule. The FCRA provisions regulate how employers obtain and use your credit report; for example, generally:

An employer must first inform you that someone will be conducting a credit check on you and get your permission in writing (unless you work in the trucking industry, in which case your permission might not be required). Technically, you may refuse to allow it; but, in reality, you might not keep your job or land a new one if you do that.

Before an employer may take an adverse action against you (e.g., eliminate you as a job candidate or fire you) based solely on a credit check, the employer must give you a “pre-adverse action disclosure” that consists of a copy of your credit report and a written summary of your rights under the Fair Credit Reporting Act.
After an employer has taken adverse action against you, the employer must then provide you with an “adverse action notice” and give you the contact information of the agency that provided your credit report, so that you may dispute inaccurate information.

An employer must keep the results of your credit check confidential and can’t store any information about it in your personnel file.

If you believe you have been wrongfully turned down for a job due to your criminal or credit history speak to an employment law attorney to evaluate your situation.

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