Fair Credit Reporting Act: Case Study

"A history of domestic violence may disqualify a candidate. In some agencies, candidates are interviewed by a psychiatrist or a psychologist or given a personality test. Most applicants are subjected to lie detector examinations or drug testing. Some agencies subject sworn personnel to random drug testing as a condition of continuing employment (BLS, 2010-11)."

The Los Angeles County Sheriff’s Department is composed of over eighteen thousand employees. The hiring process is a long and arduous process, consumed with numerous steps. The most pivotal aspect of the hiring process is the background investigation on applicants. Background investigations are a crucial step to deciding if an applicant will be qualified for employment. Unfortunately, even qualified applicants are overlooked, and under qualified applicants are offered employment to meet discriminating hiring quotas. These hiring quotas are a result of a policy known as Affirmative Action.

This process can be viewed as a double edged sword as the applicant if given the opportunity to explain his plight, may be able to convince the employer that they are the person for the job in spite of the past record. Or, the delay in the disclosure may cost the employer in time and resources upon disclosure to seek other applicants if the applicant is disqualified for the charges. As Doleac and Hansen state regarding the inability of employers to determine up front if the applicant has a criminal history, the employer defaults to statistics which “eliminate groups that they think, on average, are more likely to have a recent conviction” (How Ban The Box Backfires,

The Truth in Lending Act (TILA) protects one against inaccurate and unfair credit billing and credit card practices. It requires lenders to provide you with loan cost information so that you can comparison shop for certain types of loans. People have a right of rescission for loans covered under TILA, which allows you three days to reconsider your decision and back out of the loan process without losing any money. This right helps protect people against high- pressure sales tactics used by unscrupulous lenders. Companies that would lend you money are under certain obligation to provide you basic information about the loan in clear and understandable terms. The most commonly

The question about criminal behavior is only an issue if it can be proven that it affects a protected class. However, Thornton is also asking about arrests, an arrest doesn’t always mean the person was charged with a crime, let alone convicted. An arrest cannot be presumed to say anything about a person’s character. In this case Thornton is clearly overreacting, this raises concerns because he is excluding everyone with a prior arrest or conviction, which creates adverse impact and opens Thornton up to lawsuits. Also it could be argued that Big and Fat’s neutral requirement is discriminating against people of color at a higher rate than whites. Thornton also is opening himself up to adverse impact claims; he isn’t evaluating the arrests or convictions to see if they relate to the position, which is why the EEOC cautions employers from using arrest records and nothing else. The EEOC is very clear that an employer must consider how serious the offense was, its relationship to the job in question, and how long ago the offense occurred.

As Maurer (2016) mentioned in his article, this law may conflict with state laws prohibiting the hire of ex-offenders for certain regulated jobs or positions and this puts employers in a tight corner. While we could face potential legal challenges from negligent hiring and negligent retention claims, we are also subject to liability under Title VII of the Civil Rights Act of 1964 as amended. In order to avoid any legality, we need to understand the various federal and state laws restricting or impacting our ability to conduct background checks. I am also going to analyze the positions in question, review our employment documents and practices and ensure that all our human resource personnel are educated as to the legal implications of any errors or omissions in their background check

Each month, the cardholder is sent a statement indicating the purchases made with the card, any outstanding fees, and the total amount owed. In the US, after receiving the statement, the cardholder may dispute any charges that he or she thinks are incorrect. The Fair Credit Billing Act gives details of the US regulations. The cardholder must pay a defined minimum portion of the amount owed by a due date, or may choose to pay a higher amount. The credit issuer charges interest on the unpaid balance if the billed amount is not paid in full (typically at a much higher rate than most other forms of debt). In addition, if the cardholder fails to make at least the minimum payment by the due date, the issuer may impose a "late fee" and/or other penalties.

if you fight and you want to apply for a job and if they check your record you can’t get the job

In certain positions such as a healthcare provider it may be important for patient safety to inquire about an applicant’s criminal record. But, the question “Have you ever been arrested?” is illegal to ask (Guiliana,

Minor things can also show up, but each incident should be addressed before considering hiring the potential applicant. All applicants has the right to know what to do if their background check show incorrect information. If false it should be disputed with the employer, the agency (that conducted the background check), and it might even go to court. Employers must tell the applicant of any negative information that turned up, they should provide them with a copy of their report and contact information for the agency that did the report. The applicant should contact the agency in writing, and if it is done within a certain time this can be provided free of charge. Now if the employer questions the report, they can contact the references. This is to try to get some type of feel of the applicant’s character and work ethic. If the references is not aware of some things on the application, them this tells the employer that the applicant was not hones. In situations like this honesty is best. Not being honest about one’s history can cause them to miss out on an opportunity. When the employer just might be considering this person for the position, until they found that things were falsified on the

I think it depends on the level of the crimes committed and the type of job that someone is being hired for. On one hand it may be considered unethical to discriminate against someone but also the organization should make sure that they are within the organizations mission and ethics. I believe that hiring someone with a criminal background may be corrosive depending on what the crime is. For example, if someone is registered as a sexual sex offender and is being hired to work for a position inside of an elementary school, I definitely agree that it would be corrosive to the goals of the program. Schools are supposed to protect children and make them feel safe in their learning environment. One reason against hiring someone with a criminal

Federal law requires all commercial vehicle drivers to undergo a thorough background check to assure the individual doesn't have a disqualifying criminal background. What's more, the DOT requires drivers to undergo alcohol and drug screening prior to employment and subsequently in the event of an accident or other incident. Properly obtaining background checks and performing drug testing is vitally important. These vital compliance tasks are often outsourced to a company that specializes in pre-employment screening to assure compliance with regulations and fairness to drivers.

In researching the closing package in BayDocs, I was unable to locate the “Fair Lending Notice” disclosure. However, I was able to locate the disclosure in the lender’s application package and both addresses were correct. Please let me know when and/or if a revision will take place , thus I can instruct Megen to include the disclosure in the appropriate packages.

consumer-reporting agencies will become a top contender of Dun & Bradstreet in business credit reporting. Because these agencies (Trans Union, Experian, and

The Truth In Lending Act was established 30 years ago, and governed mortgage loan disclosure procedures. New rules regarding procedures set forth by the Truth In Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) went into effect on October 3, 2015. The rules combine provisions previously set forth by both acts, and combine rules regarding mortgage disclosures. The new guidelines are published in a document that encompasses nearly 2,000 pages and affects every agency that deals with mortgage loans, from banks and brokers, to real estate agents and borrowers. Many real estate agents do not have time to sift through this cumbersome document, but it is important to know what has been updated in the amendments. Real estate agents should be aware of a few key changes in order to help