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Have I been wrongfully denied employment?

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Jaxcevaal

Junior Member
What is the name of your state (only U.S. law)? Texas
I applied to Amazon Flex in the Dallas TX market. They have rejected me for my past convictions.
I have read that "If a position pays $75,000 or less per year, criminal arrests and convictions that are more than seven years old cannot be included in a consumer report."
My past convictions from 2008 were listed on the report I and they received. I have had no convictions since then. They have specifically told me that I am not eligible for employment based on my convictions/driving record. I know my driving record is clean. What can I do?

Also, what does this mean in the FCRA?
"FCRA requires employers to send you certain notices if it decides not to hire or promote you based on the information in the CRA report."
Does that mean they are supposed to tell me exactly why they won't hire me? I'm confused. Do I have any rights at all for finding a decent job?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Texas
I applied to Amazon Flex in the Dallas TX market. They have rejected me for my past convictions.
I have read that "If a position pays $75,000 or less per year, criminal arrests and convictions that are more than seven years old cannot be included in a consumer report."
My past convictions from 2008 were listed on the report I and they received. I have had no convictions since then. They have specifically told me that I am not eligible for employment based on my convictions/driving record. I know my driving record is clean. What can I do?

Also, what does this mean in the FCRA?
"FCRA requires employers to send you certain notices if it decides not to hire or promote you based on the information in the CRA report."
Does that mean they are supposed to tell me exactly why they won't hire me? I'm confused. Do I have any rights at all for finding a decent job?

I'd start with pulling your own copy of your driving record and reviewing it. It sounds like it might not be as clean as you believe.
 

FlyingRon

Senior Member
Alas, that is not the case. Texas does have a law that mirrors the one time FCRA provision that bans background checks from providing that information. Alas, that provision of the FCRA is no more and the FCRA specifically preempts state law on such. Some states like California and Washington ban employers from considering certain convictions, but alas Texas is not one of them.

Even under the preempted Texas law, certain safety sensitive positions are exempt from the provision.
 

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