Criminal & Credit History Discrimination
Criminal Records & Jobs
Under federal law, it is illegal to deny you employment (or fire you) because of your criminal record if the policy or practice disproportionately and unjustifiably excludes people of a particular race or national origin (or another protected category). Because more African Americans and Hispanics are incarcerated in the United States, and have criminal records, policies that deny employment because of conviction status often have a disparate impact on those populations, and thus are illegal race discrimination. Click here for guidance from the Equal Employment Opportunities Commission about criminal conviction bans, and how they affect employers and you.
Under federal law, you also have the right to know what is on your background check before an employer makes any decision based on the report that affect your employment. Click here to read more about your background check rights under the Fair Credit Reporting Act, as prepared by the Federal Trade Commission.
Additionally, many states and cities have specific laws protecting and regulating the use of criminal history in making employment decisions and you should contact a lawyer to find out about your rights under any potential local laws.
Background Checks & Jobs
An employer must get your express written consent before requesting a background check on you from a private third party consumer reporting agency.
After obtaining a background check from a consumer reporting agency, the employer then must give you an opportunity to review the report for errors before taking an adverse action, like not hiring you, retracting an offer or removing you from a job.
The employer must also provide you with a statement of your rights under the Fair Credit Reporting Act.
For more information about your rights under the Fair Credit Reporting Act (the applicable federal law, also known as the “FCRA”) and applicable state laws, schedule a consult today.