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When Can A Background Check Becomes a Discrimination Issue

by: gfoerstel
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In an industry, issues concerning workforce productivity, quality, and effectiveness are highly treated so as not to provoke any liability on the side of the employer. Though there are laws that prohibit employers from unlawful termination and other related actions, there are also laws that allow them to do under particular instances particularly those relating to bankruptcy and the like. However, among these issues, the most resolute claims and complaints are pertaining to discriminatory cases that usually happen during the application process and after hiring. In the US, discrimination is never allowed in general, however, because of certainty of the rule, there are instances which often arise that this particular violation is overlooked by employees and the government.

Discrimination is simply an act that is committed against a person because of his gender, age, religion, physical disability, and other aspects which may degrade the person’s dignity and reputation. In the law, this act is not termed as such and is not punishable unless otherwise the act committed falls against the law on libel or the law on equal employment opportunity. Thus on the industrial aspect, employment discrimination is punishable by pertinent laws. In the US, this rule is not just limited to the employers but as well as to unions and recruitment agencies. Employment discrimination therefore is any act, direct or indirect, that can lead for employers, unions, or recruitment agencies to single out a particular applicant or employee on the basis of age, sex, religion, disability, ancestry, country of origin, race, marital status, sexual orientation, medial condition, and color. Employment discrimination can happen in two ways; one during the application process and second on the employees’ promotion, demotion, and termination.

In the event that an applicant or an employee has or has done any criminal act that tends for him/her to have a criminal record, the law has another resolution to this. However, generally, an employee can never be fired or an applicant be rejected solely because of his/her criminal record. This rule on criminal record differs in every state. The US Patriot Act has entries that speak about an employer to conduct background checks for their employees and applicants for the purpose of securing the country’s borders against terrorists. This particular rule covers the right of all US citizen of a peaceful and safe place to work and live in.

National criminal background check is not illegal. This is not even an act of employment discrimination against any applicant or employee because enquiring on a criminal background check or an employment background check is simply a premature for a case of employment discrimination. If an employer find out through a reputable identity search site or company that the employee he/she hired or an applicant about to be hired has convictions of grave crimes, the employer has the right to reject any application or to file any necessary actions to advance security over the company for the good of the rest of the employees. A background check can only be considered discriminatory if the reports were used to cover up retaliation on the employee because of disclosure irregularities in the company to the authorities and/or participation in protected activities. The report, if used wrongfully and not objectively can also become a cause of discrimination.

All in all, discrimination is an act committed against a person; background check is simply not discrimination because an act is not yet committed. However, if the rejection of application, demotion, suppression of promotion, and termination is committed because of a particular background report, the decision must be weighed in a very logical and beneficial way, not for the company’s sake but primarily for the good of the general working force.

About the Author

Jarvis McAdams is a Human Resource officer for a large company. He has worked for several companies and has gained vast amount of information regarding background check and other subjects. He resides in New York, New York presently and focuses on sharing his knowledge to other people through writing.

When Can A Background Check Becomes a Discrimination Issue

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