After searching through hundreds of job listings, you may be relieved to find the perfect opportunity. Not only is the pay great, but it’s close to home and offers comprehensive benefits. However, the last thing you expect after nailing your first interview is to find that the information on a background check conducted by the potential employer has rendered you ineligible for the opportunity. Unfortunately, this may be a result of a background check error. Consumers can dispute inaccurate employment background reports, request copies of screenings, and potentially seek compensation if the background check or employer violates federal laws. If this reflects your circumstances, you’ll want to keep reading, as the following blog explores what you should know about these difficult matters, including the importance of working with a California consumer lawyer to help you discuss your options.
What Rights Do I Have Regarding Background Checks?
It’s critical to understand that as a consumer, you have a considerable amount of rights when it comes to background checks, even for employment purposes. This is because the Fair Credit Reporting Act (FCRA) regulates who can and cannot access this sensitive information. As such, if an employer wishes to run a background check, they must obtain your consent before doing so. You should note, however, that if you decline the check, the employer reserves the right to deny your application.
In addition, you should note that you have the right to see the report after it has been created, as well as the right to dispute any inaccurate or fraudulent information on the report.
Consumer Rights Under the Fair Credit Reporting Act
- Employers are typically required to obtain written authorization prior to conducting a background check
- Consumers have a right to receive disclosure that a report may be obtained
- Consumers can obtain a copy of the report
- Consumers can dispute inaccurate or fraudulent information
- Employers are required to adhere to specific procedures prior to taking adverse action
- Background check companies are required to investigate disputes based on inaccurate information
Who Can Request a Background Check on Me in California?
As a consumer, your information is protected under federal laws. This includes background checks. Not everyone can legally access your background check information, as the FCRA typically limits access to entities that have a legally recognized reason to obtain consumer reports.
Entities That Commonly Request Background Reports
- Employers during the hiring process
- Landlords who review rental applications
- Lenders processing loan applications
- Licensing agencies that review professional applications
- Property management companies screen applicants
What Is “Permissible Purpose” Under the FCRA?
- Companies generally have a lawful reason to seek access to consumer reports
- Consumers’ reports are unable to be accessed without a qualifying purpose
- Written authorization is generally required prior to employment screenings
- Conducting unauthorized background screenings is typically a violation of federal law
What Should I Do if a Background Check Error Makes Me Ineligible for a Job?
In the event you are denied a job opportunity as a result of an error on your background check, it’s critical to understand how to proceed. In general, you have rights and the opportunity to correct the errors in these instances.
Request a Copy of the Background Check Report
- Review the report for accuracy
- Identify any incorrect criminal history information
- Check for inaccurate information regarding employment history
- Verify the accuracy of your personal information
Gather Documentation That Supports Claims of an Error
- Court records show dismissed charges
- Identification documents
- Employment records
- Expungement or sealing records
- Proof of mistaken identity
- Correspondence showing inaccurate reporting
File a Formal Dispute with the Reporting Agency
- Submit written disputes in writing
- Clearly identify inaccurate items on the report
- Attach copies of supporting evidence
- Retain copies of all correspondence between you and the background investigator or employer
What Happens if an Employer Denies a Job Based on a Background Check?
Under federal law, employers are required to follow specific procedures prior to denying employment based on the information uncovered in a background report.
Employer Obligations Before Taking Adverse Actions
- Provide notice before final denial of employment
- Provide consumers with a copy of the report
- Provide a summary of rights under the FCRA
- Provide consumers with information regarding the right to dispute errors
Examples of Adverse Employment Actions
- Rescinding a job offer
- Reporting false, erroneous, or inaccurate criminal information
- Denying the consumer access to the results of the report
- Failing to investigate disputes
- Mixing your information with another person’s
What Should I Do if My Rights Are Violated in Los Angeles?
Violations involving employment background checks can have a significant impact on your career, financial stability, and professional reputation. Consumers who believe their rights are violated should document the issues, including seeking legal guidance.
Examples of Potential FCRA Violations
- Conducting a background check without consent
- Refusing to provide a copy of the report following a denial
- Taking adverse action without the required legal notice
- Failing to correct inaccurate information that was disputed
Contact an Experienced Los Angeles Consumer Defense Attorney
At Los Angeles Legal Solutions, our dedicated team of consumer attorneys is ready to assist you. We understand how complex these errors are, which is why we are committed to assisting you through these challenging times. When you need help, do not hesitate to contact our team today.
