Credit Information and Financial Information

If an employer decides not to hire, keep, or promote you based on financial information in a background report, they must tell you — orally, in writing, or electronically. Specifically, the employer must:

● give you the name, address, and phone number of the company that supplied the credit report or background information;

● give you a statement that the company that supplied the information didn’t make the decision to take the adverse action and can’t give you any specific reasons for it; and

● give you a notice of your right to dispute the accuracy or completeness of any information in your report and to get an additional free report from the company that supplied the credit or other background information if you ask for it within 60 days.

Race, National Origin, Color, Sex, Religion, Disability, Genetic Information, Age

Sometimes, it’s legal for an employer not to hire you or keep you on because of information about your background, and sometimes, it isn’t. For example, it’s illegal when the employer has different background requirements depending on your race, national origin, color, sex, religion, disability, genetic information (including family medical history), or age, if you’re 40 or older. It’s also illegal for an employer to reject applicants of one ethnicity with criminal records for a job, but not to reject other applicants with the same criminal records.

Even if the employer treats you the same as everyone else, using background information still can be illegal discrimination. For example, employers shouldn’t use a policy or practice that excludes people with certain criminal records if it significantly disadvantages individuals of a particular race, national origin, or other protected characteristic, and doesn’t accurately predict who will be a responsible, reliable, or safe employee. In legal terms, the policy or practice has a “disparate impact” and is not “job-related and consistent with business necessity.”

Medical Condition

If the employer makes a decision based on information about a medical condition, you can ask for a chance to show that you still can do the job. Find specific information on:

● pre-employment medical inquiries

● medical inquiries during employment

● genetic inquiries, including inquiries about family medical history

Where to Go for Help

If you think an employer discriminated against you based on information in your background report, contact our firm at 718-674-1245 or message us here.