The background screening is meant to give businesses peace of mind during the hiring process, did the complete opposite for Leonardo Molina, who was wrongly convicted of a felony by a background check company resulting in dismissal from his job at Roskam Baking Co. before he even started. Molina is now filing federal lawsuits against four companies, including Backgrounds Online, who was responsible for the mistake, on the grounds of violating the Fair Credit Reporting Act (FCRA). Molina alleges the companies failed to provide him with, “meaningful access to the inaccurate information prior” to his firing that was “based on patently false information.” He also claimed that Backgrounds Online failed “to follow reasonable procedures to assure maximum possible accuracy of the information.” It was only after Molina took legal action did he become aware of the reason behind his dismissal. Friery explains how in many cases, employees’ records could show criminal charges, even those that do not necessarily warrant dismissal, and yet they are kept in the dark regarding mistakes that are costing them jobs. The FCRA, which Molina cites as the basis of his lawsuit, requires that employers provide workers a chance to dispute alleged errors in background reports. According to Friery, Privacy Rights Clearinghouse Research Director, “The flaw is, employers don’t have to hold the job open.”

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