For many job applicants, the final hurdle to getting hired can be a criminal background check. Some consider these types of checks a formality that causes them little to no stress. Others worry that they will lose out on getting a job because either their past will come back to haunt them or they will be the victim of a discriminatory background check.
A discriminatory background check is generally involves an employer using a background check to access information they use to deny employment to someone for reasons that are against the law, such as their race, religion, gender, genetic information, disability or age. Examples of this can include an employer using your criminal record to deny you employment in a situation where they are not legally allowed to do so or an employer gaining access to your family’s medical history and using that information as a basis for denying you employment.
Can I File a Lawsuit If I Was the Victim of a Discriminatory Background Check?
If you believe that you have been the victim of a discriminatory background check, you should speak with an experienced employment lawyer as soon as possible. Employment discrimination cases are complex and you must go through all the proper steps before filing a valid claim, such as reporting the incident to the Equal Employment Opportunity Commission (EEOC). An employment attorney can analyze your situation, tell you whether you have a case and guide you step-by-step through the process of holding individuals and businesses accountable for their discriminatory practices.
California employment law firm CounselOne has been successfully fighting for the rights of the victims of workplace discrimination and harassment for over 15 years. Contact us to schedule a free consultation to discuss your situation with us today.