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If an organization select you for a position knowing that you may have some misdomeaner offenses that are a by product of identity theft adter you provide court documentation of no convictions and no records available and they decide to rescind the potential offer /what should be your next step to appropriately address the matter ? and iis this a form of discrimiiination ? what steps woulld you need to take to ensuure thhat none of rights were violated ?
Optional Information: State/Country relating to question: Maryland Already Tried: calling lleggal aid and the legal advice hepl line
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.
Your only option at this point is to consider filing a civil rights complaint against the employer,
Under the Federal law, an employer cannot deny you employment due to a criminal record, unless it has some relationship with your job.
The Agency has long taken the position that a “policy or practice that excludes everyone with a criminal record from employment will not be job related and consistent with business necessity and therefore will violate Title VII, unless it is required by federal law.”
Since you do not have a criminal record, and the mere fact you may have had an arrest disqualified you, it is possible the EEOC can force the employer to reconsider.
To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.
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wallstreetesq. :
The Agency has long taken the position that a "policy or practice that excludes everyone with a criminal record from employment will not be job related and consistent with business necessity and therefore will violate Title VII, unless it is required by federal law."
To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at http://www.workplacefairness.org/link?url=http%3A%2F%2Fwww.eeoc.gov%2Ffacts%2Fhowtofil.html.
Experience: 13 years experience, Union NYSUT lawyer