Many employees and potential hires find job interviews particularly stressful because of background checks, which are often riddled with inaccuracies, and can paint an unfair and completely incorrect picture of the individual’s credit history and other background information. Employers are obligated to follow the rules under the Fair Credit Reporting Act (FCRA), which requires certain standards and protocol that gives employees and applicants information about the private institute that performs the background check, as well as an avenue for disputing false information. If an employer violated the FCRA and did not hire you, or made another negative employment decision based on the results, such as giving you a lower salary or fewer benefits, you can file an employment claim against the employer. Our Coffman Legal Toledo background check attorneys also assist groups of disenfranchised people in class action lawsuits in order to hold employers to the law.

Ohio Background Checks

According to the Ohio Department of Administrative Services, the state removed the felony conviction check box from applications on any civil servant positions with HR-29. This means a candidate must be at the interview process before their criminal history can be asked about. Overall across the state, the Ohio Attorney General’s Office reported that the Bureau of Criminal Investigations regularly processes one million background checks annually. Background checks are sometimes used by employers to avoid hiring applicants based on their race, religion, or other protected trait even though that is deemed unlawful by the Equal Employment Opportunity Commission.

Discriminatory Background Checks Are in Violation of the EEOC

If you think background checks are used solely for the purpose of weeding out applicants with questionable histories, think again. They are frequently used as a guise to discriminate against minorities. While this is illegal, and counts as employment discrimination under the Equal Employment Opportunity Commission, employers perform background checks on black, Muslim, Hispanic, LGBTQ, and other minorities every day simply as an excuse to not hire them.

Federal Trade Commission Rules

In order to combat unfair employment decisions based on inaccurate background checks, employers must follow the rules set out by the Federal Trade Commission:

  • Inform you that a consumer credit report is being performed for employment reasons;
  • Obtain authorization from you to perform the consumer credit report;
  • Provide you with a copy of the report, and provide you with a copy of the Summary of your Rights Under the Fair Credit Reporting Act. They must do this before making any employment decision;
  • Inform you whether or not the consumer report was used to make a decision about employment. If so, the employer must give you the name, address, and telephone number of the reporting agency. They must also inform you that you have the right to dispute the accuracy of the report.

Contact a Toledo Background Check Attorney Today For Help

If you were unable to obtain a job because of an FCRA violation, it is important to seek legal counsel. The Toledo background check attorneys at Coffman Legal, LLC understand how to hold employers accountable for illegal background checks and will work hard to get you the maximum compensation possible. Contact our offices today at 614-949-1181 to schedule a free consultation.

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