South Carolina Denial of Employment Based on a Pre-Employment Background Check
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How to fill out Denial Of Employment Based On A Pre-Employment Background Check?
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FAQ
The 7-year rule in South Carolina states that certain arrests and convictions can only be considered on a job application if they occurred within the last seven years. This rule helps individuals with older offenses present themselves more favorably when seeking employment. If you face a South Carolina denial of employment based on a pre-employment background check, understanding this rule is crucial in ensuring your rights are protected.
Section 44-7-2910 in South Carolina establishes rules regarding employment discrimination based on background checks. This law holds employers accountable when they decide not to hire someone due to negative findings in a pre-employment background check. If you face a South Carolina denial of employment based on a pre-employment background check, it's essential to understand your rights under this law.
Doing so will reveal any red flags that could potentially affect trust, safety, and your company's bottom line. But if you don't confirm how a person is representing themselves, and make a poorly-informed hiring decision as a result, it could be incredibly costly to your company in more ways than one.
An employer might check on information such as your work history, credit, driving records, criminal records, vehicle registration, court records, compensation, bankruptcy, medical records, references, property ownership, drug test results, military records, and sex offender information.
How many years back will a Background Check go? The Fair Credit Reporting Act (FCRA) which governs background checks nationally only allows for a review of the past 7 years.
What causes a red flag on a background check? There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test.
Being refused a jobThere is no legal concept of 'discrimination on the basis of having a criminal record', as there is for discrimination on the grounds of age or disability. Your treatment, therefore, will only create a legal claim if it would do so for someone without a criminal record.
You were convicted of a crime relevant to the job's responsibilities. Employers have a legal obligation to keep their workplace safe, but they also can't discriminate based on an applicant's criminal record. In fact, they can only deny you the job if the offense is relevant to the job's core responsibilities.
What Can Be Disqualifying on a Background Check?Criminal History.Inconsistencies.Poor Credit History.Poor Employment History.Bad Driving Record.Review the Background Check Policy.Talk to the Candidate.Make a Decision.
This can vary from state to state, but the norm is for criminal background checks to include the last seven years of a person's criminal history. Criminal history checks in North Carolina go back seven years.
