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California Worker Sues for Job-screening Discrimination

August 13, 2010

In yesterday's blog, our Anaheim employment attorneys reported on how the company tactic of screening out job applicants with bad credit or criminal records from the hiring process could potentially discriminate against Hispanic and black workers and violate employment law regulated by the U.S. Equal Employment Opportunity Commission (EEOC).

In a California lawsuit filed last month, Adrienne Hudson, a 44-year old single mother, claims she was fired from her new job as a bus driver after the company, First Transit, discovered that she was convicted of welfare fraud seven years ago.

Hudson has sued the company for discrimination, claiming that the hiring practices discriminate against black and Hispanic job applicants who have far more arrests and convictions than whites. Hudson, who is black, claims that people make mistakes, and that if corrected, those mistakes should not be punished in the future, outside of the courtroom.

Last year, the EEOC sent a serious warning to employers across the country when the commission filed a class-action lawsuit against the Dallas-based events planning firm, Freeman Companies, accusing the company of discriminating against males, blacks and Hispanic job applicants, based on criminal records and credit history.

According to an attorney with the American Civil Liberties Union's Women's Rights Project, Ariela Migdal, an individual might have a flaw on their record that has no relation to the job that person is seeking with the company. Also, records can be inaccurate, or not revised to reflect that criminal charges could have been dropped, or a conviction overturned or thrown out.

Hudson claims that her employment was terminated after working for only two days as a bus driver because of the welfare fraud conviction from seven years ago. According to Hudson's lawsuit, her felony conviction was reportedly later dismissed under California law, but First Transit has a practice in place to deny job employment based on convictions, no matter how old the conviction is--disregarding the applicant's previous work experience, or whether or not the conviction is related to the employment.

At Howard Law, PC, our experienced team of California Labor and Employment Attorneys aggressively protect your rights to a workplace free from violations of employment and labor laws. Call today, for a free consultation, so we can help you with your recovery.

Some Job-screening Tactics Challenged as Illegal, The Associated Press, August 11, 2010

How Job Screening Can Become Discrimination, The Associated Press, August 11, 2010

Related Web Resources:

U.S. Equal Employment Opportunity Commission, (EEOC)