Unlawful Employment Background Checks and Fair Credit Reporting

There is a major area of Fair Credit Reporting that most people do not associated with Credit Reporting at all. Many good people are denied employment unlawfully, because of a blemish on his/her criminal record. Usually they did not something immature, rash and stupid in their younger years. They are not the same person. They are good workers and would be a good employee.

Many people do not know that there are statutes and regulations that can help avoid this haunting effect of immature indiscretions.

Under the Fair Credit Reporting Act (FCRA) an employer must get a specific type of written authorization from you before even performing a background check. The authorization must be in very specific language AND IT CAN THE ONLY THING ON THE PAGE. The Authorization must be on its own page.

Under the Philadelphia Ban the Box law, employers may not ask about criminal history at the outset. The interviewing process must progress to the point of a provisional job offer, before the employer may perform a background check. Then, the applicant must be given five (5) days to review the background check and dispute or explain any entry, before the employer can make a final employment decision.

Lastly, under the Criminal History Record Information Act (CHRIA) there must be a reasonable relationship between the criminal matter (if a misdemeanor) and the job duties and responsibilities at issue.

If you or someone you know have been denied employment unlawfully, you should contact a qualified lawyer immediately.

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