Discrimination

New EEOC lawsuit for discrimination based on credit report and criminal records

The Equal Employment Opportunity Commission (EEOC) announced on October 1, 2009 that they have filed a lawsuit against Freeman, a firm that offers nationwide convention services, on the basis that it used credit reports and criminal records to unfairly discriminate against black, Hispanic and male job applicants. This case has the potential to have a [...]

Jobseekers Rush to Clear Criminal Pasts for Background Checks in Bad Job Market

An article in The Wall Street Journal (WSJ) – “More Job Seekers Scramble To Erase Their Criminal Past” – reveals that many jobseekers looking for work in a tight job market are rushing to legally clear criminal records that would appear on pre-employment background checks that delve deeply into their sometimes checkered pasts.

According to statistics cited in the WSJ article, millions of American jobseekers fear their criminal pasts will show up on background checks. While over 50% of American men had been arrested in 1967, that figure is now an estimated 60% due to arrests made in connection with domestic violence and illegal drugs, with the annual number of arrests for possession of marijuana more than tripling to 1.8 million from 1980 to 2007, according to the U.S. Department of Justice (DOJ).

At the same time, the WSJ article notes that background checks have become more affordable and commonplace since the September 11 terrorist attacks, and more than 80% of companies performed background checks in 2006 compared with fewer than 50% in 1998, according to the Society for Human Resource Management (SHRM). In addition, the article asserts that background checks can help lessen employer liability from workplace theft – which cost retailers over $15 billion last year according to the National Retail Federation – and workplace violence that costs billions more in legal costs and lost work hours.

In the WSJ article, two men – both veterans – were used as examples of jobseekers with criminal pasts affecting current employment opportunities:

An Air Force veteran was refused temporary employment because a background check by the temp agency turned up a 1986 conviction for aggravated assault with a deadly weapon (when threatened, he once pretended a silver brush was a knife). More than 20 years after a "no judgment" finding by the judge and a $60 fine, the man is still fighting to erase the arrest from criminal records and background checks.
A veteran turned jobseeker back from Afghanistan after serving in the Army for 15 months was unable find work with the New York City Police Department because of a 2002 conviction of illegal possession of a gun found on a background check, this despite scoring in the 98th percentile on his civil-service exam. The man is now serving another overseas tour.

With unemployment is currently above 10% and potential employers choosing from the largest talent pool in decades, the WSJ article clearly shows that a growing number of American jobseekers hope to boost their odds in a tough job market with “clean” background checks by clearing their criminal records of minor crimes through legal means, a process known as “expungement” in which official records of minor crimes may be shredded, erased, sealed, or blocked from view.

Along with expungement, jobseekers can make sure that their information on their criminal records is current and accurate by running “personal” background checks on themselves to see what potential employers will see. By purchasing their own background checks, jobseekers take a pro-active step in their search for employment, stand out from the crowded field of applicants, and show potential employers that they have nothing to hide. While most background check companies focus only on employers, MyBackgroundCheck.com – a pioneer in consumer requested and applicant supplied background checks – offers jobseekers the opportunity to perform “personal” background checks on themselves to help them find employment in a tight job market.

To learn how personal background checks help jobseekers find work, visit www.mybackgroundcheck.com, email info@mybackgroundcheck.com, or call 1-800-503-2364. To follow MyBackgroundCheck.com on Twitter, visit www.twitter.com/MyBackgroundChk.

tahearn@mybackgroundcheck.com

Could a Mistake on Your Background Check Get You Fired from Your Job?

An error on a background check may prevent a prospective employee from getting hired for work, but could an error on a background check get an already hired employee fired from a job?

The answer is “Yes” according to an article in the Baltimore Sun that tells the story of a woman in Maryland who was fired from her job after an error on a government background check mistakenly deemed her “unsuitable” for work on a government contract even though she had no criminal record.

According to the Sun, Eschol Amelia “Amy” Studnitz, 59, lost her $58,000 a year accounting job at Corporate Mailing Services (CMS) in July because a background check investigation for the Social Security Administration (SSA) – the government agency CMS had won a contract to handle mail for – was returned as unsuitable for the low-level (Level 1) security clearance needed for all employees at the CMS facility in Arbutus, Maryland.

However, the Sun reports that the SSA wrote a follow-up letter to CMS in August reversing its decision on the background check so that Studnitz could work on the new contract, but Studnitz was not reinstated by her former employer due to reorganizing and supposed performance shortfalls or hired elsewhere in this tough job market. Studnitz has also asked Representative Roscoe Bartlett (R - MD) to look into her case, and Bartlett is also considering legislation to address future similar situations where inaccurate government criminal background checks are the cause of action for loss of jobs for government work, according to the Sun.

With background checks becoming increasingly common, the Sun report on Studnitz’s firing shows the impact that glitches in databases used during the background check process can have on employees, employers, and even the government. While firings based on mistakes in background checks are relatively rare, errors and inaccuracies on background checks do occur and should be avoided at all costs – especially when the cost includes employment. Some jobseekers are literally taking background check investigations into their own hands by ordering “personal” background checks on themselves to make sure their personal information is accurate, current, and secure.

While most background check companies focus only on employers, MyBackgroundCheck.com – a pioneer in consumer requested background checks – offers both jobseekers and current employees the opportunity to perform personal background checks on themselves to protect their personal information. For more information on personal background checks, visit www.mybackgroundcheck.com, email info@mybackgroundcheck.com, or call 1-800-503-2364. To follow MyBackgroundCheck.com on Twitter, visit www.twitter.com/MyBackgroundChk.

tahearn@mybackgroundcheck.com