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Background Check Discrimination

New York Employment Background Checks

Employers may use background information when making hiring or employment decisions. The process can raise questions about notice, authorization, accuracy, and how employers used the information. Workers’ rights lawyers can review the documents and sequence of events to identify which rules may apply.

If you’re concerned about a workplace decision or document, preserve the relevant records and seek advice promptly. Procedures and deadlines can vary.

What should you review after a background check?

Start with every notice, authorization, report, and letter you received. Compare the report with your records and mark any information that appears incomplete, duplicated, outdated, or associated with someone else. Don’t alter the original copy.

What if the report is inaccurate?

You may be able to dispute information with the company that prepared the report. Follow the instructions provided with the report, explain the issue clearly, and keep proof of what you submitted. An employee rights attorney can help assess how the error affected the employment decision.

What facts may matter?

Relevant details can include when permission was requested, what disclosures were provided, when you received the report, whether you had a chance to respond, and the reason given for the decision. Local rules may add protections concerning criminal history or other background information.

How Fitapelli & Schaffer LLP can help

An employment law attorney at Fitapelli & Schaffer LLP can review the report, notices, and employer communications and discuss possible next steps. Contact the firm for a free, confidential consultation.

This page provides general information, not legal advice. Reading it or contacting the firm doesn’t create an attorney-client relationship. Prior results don’t guarantee a similar outcome.

FREQUENTLY ASKED QUESTIONS ABOUT Background Check Discrimination


Can an employer conduct a background check?

Employers may conduct certain checks, but notice, authorization, and decision-making rules can apply. The requirements depend on the type of report and location.

What is a consumer report?

It’s a report prepared by a consumer reporting company that may include information used for employment purposes. The contents vary by service and request.

What if the report belongs to someone else?

Contact the reporting company promptly, follow its dispute process, and preserve the report and your correspondence.

Should I save the employer’s notices?

Yes. Keep the notices, authorization, report, decision letter, job posting, and related emails or messages.

Do local laws affect criminal-history checks?

They may. Some jurisdictions regulate when and how criminal-history information can be considered, so location and timing matter.

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