Race Discrimination Based On Illegal Background Checks

by Kristen White Blogger

In California, employers are prohibited by the law to discriminate against employees based on race after undergoing an illegal background check. Unfortunately, the race discrimination rate is usually high on the Latinos and the African Americans in California. But the fact is that applicants with criminal records and pose an unacceptable level of risk to other employees, or the public cannot be discriminated against based on a protected class. If you are a group of applicants and believe that the employer has discriminated against you on criminal history based on race, you can file a class-action lawsuit.

Discrimination Based on Race After Illegal Background Check

If your employer has discriminated you based on race after an illegal background check, you can look for class action lawsuit lawyers in California to help you file a claim. You only need to look for a lead plaintiff who will be the head of the class action group. In such a way, class action attorneys can fight for your litigation and provide evidence of the illegal background check. This is possible due to the California antidiscrimination law that covers companies with more of five employees. Most California employers tend to discriminate applicants based on race after relying on inaccurate background checks. For instance, if an employer conducts illegal background checks and discriminates black applicants claiming they have a criminal history, this is racial discrimination. These individuals have the right to file a claim with the help of class-action lawsuit lawyers in California.

Criminal Records That Should Not Be Considered

At no point can an employer who is performing an employment background check in California ask you about your criminal history in your job application. Your employer can only consider asking about your criminal history after he/she has granted you a conditional offer of employment. In case of any criminal record, your employer has to conduct an assessment to determine whether your criminal history could have a direct effect on the specific job you’re applying for. According to the California employment law, your employer has no right to ask you about the below criminal records during the hiring process:

ü Any juvenile record. This cannot amount to conviction during the employment process. If you were subjected to a juvenile court system, you need not worry about getting employed. The law protects you.

ü Your employer has no right to ask you about expunged records.

ü Your employer should not enquire about arrests that never lead to a conviction. However, the employer has a right to ask for any impending conviction.

ü Whether you have ever joined rehabilitation or skill-building programs should not be of interest to your employer during the hiring.

If your employer has conducted an employment background check in California and seems to be interested in the above, you can seek legal help to ensure you take the right steps in obtaining justice. An experienced lawyer will guide you on the relevant agency to file your discrimination claim. Additionally, if your employer uses a third party to conduct these checks, he/she must comply with the Federal Fair Credit Reporting Act. The Act requires that both the employer and the firms conducting the background check compliance with the law. For instance, the information being given must be accurate and up to date. In such cases, an employer has to notify the applicant in writing that their application has not been considered.