Is It Legal for My Employer to Harass Me Over an Old Record?

Question from Msbeez, Is It Legal for My Employer to Harass Me Over an Old Record?

Answer from AI:

If you are experiencing harassment at work due to an old criminal record, it’s important to understand your rights and the legal framework surrounding background checks and employment practices in the USA.

Background Checks and Employment

Employers often conduct background checks to ensure the suitability of their employees. However, there are laws and regulations that govern how these checks can be used:

• Fair Credit Reporting Act (FCRA): This federal law regulates how background checks are conducted and used. Employers must obtain your written consent before conducting a background check and must provide you with a copy of the report if it leads to an adverse employment decision.
• Equal Employment Opportunity Commission (EEOC) Guidelines: The EEOC provides guidelines to prevent discrimination based on criminal records. Employers should consider the nature of the offense, the time elapsed, and its relevance to the job before making employment decisions.

Harassment and Discrimination

Harassment in the workplace is illegal under various federal and state laws. If you are being harassed due to your criminal record, you may have grounds for a legal claim:

• Title VII of the Civil Rights Act of 1964: This law prohibits employment discrimination based on race, color, religion, sex, or national origin. If the harassment is based on any of these protected characteristics, it may be illegal.
• State Laws: Many states have additional protections against employment discrimination and harassment. For example, California’s Fair Employment and Housing Act (FEHA) provides broader protections than federal law.

Steps to Take

If you believe you are being harassed or discriminated against, consider taking the following steps:

1. Document the Harassment: Keep detailed records of the incidents, including dates, times, locations, and any witnesses.
2. Report the Harassment: Follow your company’s procedures for reporting harassment. This often involves notifying your supervisor or human resources department.
3. File a Complaint: If the harassment continues, you may file a complaint with the EEOC or your state’s fair employment agency. The EEOC has a [guide on how to file a charge of discrimination](https://www.eeoc.gov/how-file-charge-employment-discrimination).
4. Consult a Legal Professional: Given the complexity of employment law, it is advisable to consult with an attorney who specializes in employment law to understand your rights and options.

Legal Advice and Resources

While this information provides a general overview, it is not a substitute for legal advice. Employment laws can vary significantly by state and specific circumstances. For personalized advice, it is crucial to consult with a legal professional.

Here are some resources that may be helpful:

• Equal Employment Opportunity Commission (EEOC)
• Fair Credit Reporting Act (FCRA)

If you are facing ongoing harassment or discrimination, seeking legal counsel can help you navigate the complexities of your situation and protect your rights.