Job Hunting

I am retired so my job hunting days are behind me but I get a number of phone calls from trans-people who are looking for jobs but have not had any luck. One of the thing that worry them is a background check, even though they have no criminal record and a good job record they worry about the fact that they are trans coming out in the background check.

I’m not a lawyer, but from researching the topic on the internet I found that you have to sign a consent form for them to do a background check, that a criminal record cannot be used to deny you a job unless it is “business necessity.” The Task Force says,

Employers are allowed to disqualify people from positions based on criminal history, but only if the employer can show that the exclusion is “job related and consistent with business necessity.”

And that you have a right to see your background check if it is done by another company. Privacy Rights Clearinghouse website has a FAQ about your rights…

9.   What can I do if I was denied employment because of a background check?

An employment background check conducted by a third-party screening company (not the employer) is subject to the Fair Credit Reporting Act. You can dispute information with the screening company just like you would with a credit bureau. If an employer turned you down because of something in your report, you should have received a letter along with instructions on how to get your report and how to dispute inaccuracies.

Again, this process only applies to companies that perform screenings for employers. If the employer, for example, checks public records itself and finds something about you on its own, you do not have the same rights under the FCRA. So, the important question is, who did your background check. You may also want to check public records yourself by going to the local court that provided the information to the background check company. See what the official court record says. If it's wrong or incomplete ask the clerk of court how to make corrections.

State laws may offer greater rights when it comes to obtaining public record information used to make an employment evaluation. For example, a California employer that obtains public record information, from any source, must give the employee or job applicant a chance to receive a copy of public records.

So if you are denied a job because of your background check you have the right to see the report and comment on the report only if a third party did the check.

The EEOC said…

A covered employer is liable for violating Title VII when the plaintiff demonstrates that it treated him differently because of his race, national origin, or another protected basis.

So technically if they do not hire you because of being trans they are violating Connecticut and federal law, but proving that is hard. Unless the company is really dumb, they will say that they didn't hire you for another reason. The deck is stacked against us.

One suggestion is to do your own background check and check your references. Dr. Jillian Weiss wrote on her blog…

Here's a great idea if you're looking for a new job post-transition. Make sure your old employers aren't slandering you and/or making a mess of your gender history.
[…]
Don’t just assume your former boss will say something good about you. Be sure and have that peace of mind.

If you think that you were discriminated against you can file a complaint with the EEOC or the CHRO or contact a lawyer.