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Every day, many consumers’ rights are being violated by individuals and big corporations. Banks, lenders, employers, debt collectors, credit repair agencies, so on and so forth. Many consumers have to face these institutions and individuals by themselves, not realizing there are laws enacted to protect them and their livelihood.

It is important that you educate yourself on your rights when dealing with these people and corporations. Knowing the law can save you hundreds, if not thousands of dollars, while also retaining your peace of mind and dignity.

It is crucial that you get a trusted consumer rights attorney on your side, if you feel that your rights have been violated. And it is of no cost to you as we offer free case reviews. We get paid, when you do. So contact us now, or fill out our online form to represent you in consumer matters.

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CREDIT REPORT ERRORS?

Under the Federal Credit Reporting Act, credit report errors can be disputed. Click here to learn more.

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Companies are not allowed to call you without your permission. Click here to learn more.

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Debt collectors are not exempt from the law. The FDCPA ensures you have rights. Click here to learn more.

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Making sure you know how to deal with identity theft is crucial. Click here to learn more.

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Credit Report & Financial Information in a Background Report

Credit Report & Financial Information in a Background Report

If an employer decides not to hire, keep, or promote you based on financial information in a background report, it 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

background check

Sometimes, it’s legal for an employer not to hire you or keep you on because of information in 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 718-674-1245 or message us here.

Use of Background Reports

Use of Background Reports

Some employers try to find out about your background by hiring someone to do a “background report” on you. Among the most common are criminal background reports and credit reports. But special rules apply when an employer gets a background report about you from a company in the business of compiling background information.

background check

1. Before getting the report, the employer must tell you in a standalone document that they might use the information to make a decision related to your employment, and must ask for your written permission. You don’t have to give your permission, but if you’re applying for a job and you don’t give your permission, the employer may reject your application. If an employer gets a background report on you without your permission, contact the Federal Trade Commission (FTC).

2. If the employer thinks they might not hire, keep, or promote you because of something in the report, they must give you a copy of the report and a “Summary of Rights” that tells you how to contact the company that provided the report. That’s because background reports sometimes have mistakes. If you see a mistake in your background report, ask the background reporting company to fix it, and to send a copy of the corrected report to the employer. Tell the employer about the mistake, too.

Before you apply for a job, it’s a good idea to order a free copy of your credit report. That way, you can fix any mistakes before an employer sees it. To get your free credit report, visit www.AnnualCreditReport.com. You don’t have to buy any products they offer, and you don’t have to pay to get mistakes corrected.

For more information, you can call our firm at 718-674-1245 or message here.

What you should know about FTC AND Equal Employment Opportunity Commission (EEOC)

What you should know about FTC AND Equal Employment Opportunity Commission (EEOC)

Some employers look into your background before deciding whether to hire you, or before deciding whether you can keep your job. When they do, you have legal rights. The Federal Trade Commission (FTC) enforces a federal law that regulates background reports for employment, and the Equal Employment Opportunity Commission (EEOC) enforces federal laws against employment discrimination. This publication explains these laws, and how to contact the FTC and EEOC if you think an employer has broken the law. There might be other rules in your city or state, so it’s a good idea to check with someone who knows the laws of your area.

background check

Questions About Your Background

An employer may ask you for all sorts of background information, especially during the hiring process. For example, some employers may ask about your employment history, your education, your criminal record, your financial history, your medical history, or your use of online social media.

Unless the employer is asking for medical or genetic information, it’s not illegal to ask you questions about your background, or to require a background check. (Employers aren’t allowed to ask for medical information until they offer you a job, and they aren’t allowed to ask for your genetic information – including family medical history – except in very limited circumstances.)

However, when an employer asks about your background, it must treat you the same as anyone else, regardless of your race, national origin, color, sex, religion, disability, genetic information (including family medical history), or older age (40 or older). For example, an employer is not allowed to ask for extra background information because you are of a certain race or ethnicity.

Background Reports

Some employers also will try to find out about your background by hiring someone to do a “background report” on you. Two of the most common are credit reports and criminal background reports.

Special rules apply when an employer gets a background report about you from a company in the business of compiling background information. First, the employer must ask for your written permission before getting the report. You don’t have to give your permission, but if you’re applying for a job and you don’t give your permission, the employer may reject your application.

If an employer gets a background report on you without your permission, contact the FTC (see below).

Second, if the employer thinks it might not hire or retain you because of something in the report, it must give you a copy of the report and a “notice of rights” that tells you how to contact the company that made the report. This is because background reports sometimes say things about people that aren’t accurate, and could even cost them jobs. If you see a mistake in your background report, ask the background reporting company to fix it, and to send a copy of the corrected report to the employer. You also should tell the employer about the mistake.

You can get your credit report and fix any mistakes before an employer sees it.

Need assistance on fixing your credit report? Call us today 718-674-1245 or click here.

 

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Consumer’s rights are violated every day by big corporations and employers, and it is imperative that you get a trusted Consumer Rights Attorney on your side to help you fight for damages you are entitled to. We provide free case reviews, and we do not take a single dime from you! When you win, we win! Get in touch with us today!

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