The situation:
An applicant obtained a verbal offer for employment based on passing a
backgound check.
The employer then make a claim that the applicant did not pass the
background check. The employer will not provide any additional information
and claims that the information gathered by the background check is
confidential.
The question:
Is the employer required to disclose the reasons why the applicant did not
pass the background check?
Any thoughts or info would be appreciated...
Thanks.
Stan Brown
08-24-2003, 01:45 PM
In article <lb5dkv8ibvu0crt14tp321m25u13d45ler@4ax.com> in
misc.legal.moderated, Richard <anom@anom> wrote:Employers are under no obligation to disclose the reasons for not hiring,with or without a background check.
Isn't a credit check an exception? If a credit report played a part
in their decision, doesn't the US FCRA require the employer to tell
you and give you the name and address of the credit bureau?
--
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com
Paul Cassel
08-24-2003, 01:45 PM
RG wrote:
[employee not hired]
The question: Is the employer required to disclose the reasons why the applicant did not pass the background check?
If it was the b/g checked that did you in, no, the employer does not have to
disclose the reason. If you can have reasonable suspicion that the b/g check
was a smokescreen for them learning you were a protected class and denying
you employment due to that (you're black, female, older, etc.) then you and
file the ususal complaint. The employer willl have to defend its failing to
hire you to the government if the government thinks there is substance in
your charge.
Don't file this complaint casually or out of curiousity. Charging an
employer with discrimination is a serious business. You must have good
foundation to believe you were discriminated against and that you are a
protected class before making such a charge.
-paul
ianal