background checks, credit history, & criminal record

Outten & Golden attorneys represent people who have been denied employment because of information an employer received through a background check, including credit histories and criminal records. In certain situations, an employer’s use of this information to make an employment decision violates the law.

Employers are increasingly conducting background checks on applicants and using criminal and credit history as grounds for denying employment. Because of the racial and ethnic disparities in the criminal justice system and in the credit rating system, the use of background checks can result in discrimination. Even though the discrimination may not be intentional, the federal Civil Rights Act and a number of state and local laws make it illegal for an employer to use a screening device that causes disparate impact based on an individual's race or ethnicity. Outten & Golden lawyers can help individuals determine whether their criminal or credit history played a role in an employment decision and, if so, whether they have grounds for pursuing a case against the employer.

For more information on Credit History, Criminal History, and Background Checks, please visit the Criminal and Credit History Discrimination website.