Employer Background Checks – Video by Attorney Bruce Coane
In this video, Attorney Bruce Coane speaks about criminal background checks that are done by employers when individuals apply for jobs. These individuals often question if they have a case when they are not hired or when they are fired because of an arrest history. Unfortunately, most states, including Texas, have no state law about criminal background checks in employment, so most of the time, they will not.
However, this year, the EEOC came out with guidance about these checks, and how the criminal justice system affects Hispanics and blacks, in particular. As a result, it is quite possible to bring claims to court for race discrimination after a criminal background check has been conducted. Although the EEOC guidelines only references these specific races, it could apply to anybody, as the EEOC investigates complaints of discrimination based on age, race, sex, national origin, religion and disability.
To see the EEOC Enforcement Guidance, click the link below.
Coane and Associates, PLLC 
Hattie Cooper 9:14 pm on July 2, 2012 Permalink |
Employer background checks are a pain, though I think at the same time, if a background check can be done at all, why can’t it be done by an employer, who’s trying to decide whether to trust a stranger with responsibilities, property and money? Think of how differently Pride and prejudice would have gone if the Bennetts had done a background check on Mr. Wickham! (It would have gone better, is what I mean.
bruce.coane@gmail.com 9:47 pm on July 2, 2012 Permalink |
I agree that there is a place for background checks. Unfortunately, many big employers have a zero tolerance policy, meaning, any record whatsoever is an automatic job rejection no matter how minor or irrelevant.
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