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Employment Discrimination Rights For Criminal Record In Houston
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Multi-State
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Houston
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US-000267
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FAQ
TEXAS DOES NOT ONLY ALLOW A 7 YEAR CHECK. This is a dangerous and pervasive urban legend. YES, you should absolutely disclose any and all convictions. These are permanent and will always be on your record. Some employers choose to only look back 7 years, but they can look back as far as they want.
Wronged employees have three ways of proving their employers intended to discriminate: circumstantial evidence, direct evidence, and pattern and practice. Circumstantial evidence is evidence that proves a fact by inference, as opposed to direct evidence which directly proves a fact.
The standard for employment-related background checks in Texas is seven years, except for criminal convictions, which may be reported indefinitely. The seven-year limit applies to tax liens, suits or judgments, and most credit history. Records of bankruptcies may go back as far as 10 years.
An employer's use of an applicant's criminal histo- ry in making employment decisions may, in some instances, constitute employment discrimination if not handled properly by a prospective employer.
Generally speaking, employers are less concerned with misdemeanors than they are with felonies. Whether or not an employer will hire someone with a misdemeanor on their record is completely up to the employer.
An employer must demonstrate that the exclusion is war- ranted because the conviction is “job related for the position for which they have applied” and that their exclusion based upon their criminal record would be “consistent with business necessity.”
If a criminal background check is conducted but doesn't relate to the nature of the job, the applicant might make a legal claim for discrimination or argue that the information obtained cannot be used when making hiring decisions.
The Seven-Year Rule for Criminal Background Checks in Texas ing to 15 U.S. Code § 1681c, when you have a criminal arrest on your record, reporting agencies are prohibited from including it on the report if the arrest was more than seven years old. This does not apply to convictions.
You have the right to dispute information that's inaccurate, outdated, or not yours. Under the law, background check companies must conduct a reasonable investigation of the information.
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Employment discrimination generally exists where an employer treats an applicant or employee less favorably merely because of a person's protected class. Employment background checks identify disqualifying convictions and records of unsafe behavior the applicants have engaged in previously. 3.This article explains how to file a complaint if you believe your employer has discriminated against you. However, Texas law restricts the use of credit information in making employment decisions unless it is substantially related to the position. A Charge of Discrimination can be completed through our EEOC Public Portal after you submit an online inquiry and we interview you. A concise guide for Texas employers to the recent EEOC rules regarding criminal background checks. The Ban the Box Law prevents state agencies from asking about an applicant's criminal background until the interview stage. If the AG has a record of it? Under federal law, the consumer reporting agencies cannot report an arrest that is over seven years old. Learn more with Benken Law in Houston, Texas.