You’ve applied for a job. Your resume is strong, your interview went well, and then you wonder: Will a pending injury lawsuit affect your employment background check?
It’s a valid concern. When you’re handling a legal process and seeking new employment, it’s natural to worry how one might impact the other. A pending civil lawsuit may not show up the way a criminal conviction would, but background check procedures are far-reaching. With background screening becoming standard in the hiring process, understanding your rights under federal law and state laws is essential.
This article breaks down how employment background checks work, what employers can legally access, and how a civil background check differs from a criminal one. We’ll also walk you through what consumer reporting agencies can and cannot report and how to protect yourself during the hiring process. For specific legal advice catered to your case, speaking to an employment attorney is essential.
How Employment Background Checks Work
Most employers use employment background checks as a standard part of pre-employment screening. These checks help hiring managers make informed hiring decisions and protect company assets. Depending on the industry and role, a background check may include several components, such as:
- Criminal background checks to flag felony convictions, pending criminal charges, or prior convictions.
- Credit checks to assess financial responsibility, especially in positions paying above a certain threshold or handling sensitive financial data.
- Education verification and employment verification to confirm what applicants list on their job applications.
- Civil background check searches, which may include court records, pending civil lawsuits, or judgments.
Employers typically work with a background check provider or consumer reporting agencies to conduct background screening. These agencies access public records, tax liens, arrests, and sometimes even police reports.
However, not all background check findings can legally influence a hiring decision. State laws, local laws, and federal protections like the Fair Credit Reporting Act and the Civil Rights Act place limits on what can be reported and how employers can use that information.
Will a Pending Injury Lawsuit Appear on Your Background Check?
A pending civil lawsuit, such as a personal injury claim, might appear in a civil background check, depending on the scope of the background check provider’s search. However, civil lawsuits are not the same as criminal records.
- Civil lawsuits involve disputes between individuals or entities, such as injury claims not criminal offenses.
- Criminal records relate to criminal history, such as convictions, pending charges, or arrests by law enforcement agencies.
Most employers focus on criminal background checks and credit reports during pre-employment screening, not ongoing civil matters. That said, some civil court records may still show up on a background check report, especially if the employer conducts an extensive background screening.
For example, jobs involving access to vulnerable populations or sensitive information may prompt employers to conduct deeper checks. Still, most employers are not legally allowed to discriminate based on a pending injury lawsuit alone.
What Federal Laws Protect Job Applicants?
Federal law offers several protections that prevent employers from unfairly judging potential employees based on their background.
1. Fair Credit Reporting Act (FCRA)
This law regulates how consumer reporting agencies collect and share background check data. Under the FCRA:
- Employers must get written consent before conducting background checks.
- You have the right to dispute inaccurate or incomplete information in a background check report.
- A time limit applies to how long certain information, like civil suits, judgments, paid tax liens, and non-conviction arrests, can appear on your report, typically 7 years, unless the job pays $75,000 or more per year. Criminal convictions, however, may appear indefinitely under federal law.
2. Civil Rights Act (Title VII)
Enforced by the Equal Employment Opportunity Commission (EEOC), this law prohibits employment discrimination based on protected characteristics like race, gender, or religion. If an employer uses background check information to discriminate based on these factors, they can face legal consequences.
The EEOC warns against using blanket bans on candidates with criminal or civil history, especially when those factors aren’t directly related to the job. Such practices can disproportionately affect protected groups and violate Title VII unless the employer demonstrates they are job‑related and consistent with business necessity.
Criminal vs. Civil Records: What Employers Look For
Most pre-employment background checks focus on identifying:
- Criminal convictions and conviction records
- Pending criminal charges
- Jail time history
These factors may be relevant to employers when hiring people for roles involving security, finances, or high-level decision-making. For instance, federal agencies or companies working with sensitive data often require strict background screenings.
On the other hand, a pending injury lawsuit is a civil matter. It won’t typically carry the same weight as a criminal conviction. Unless the job directly relates to the nature of the lawsuit or would be affected by court orders, the employer likely won’t consider it a red flag.
However, if an employer conducts an in-depth background check and sees pending civil litigation, they may ask about it. This doesn’t mean they can withdraw a job offer based on it alone, especially if the lawsuit has no bearing on job performance or trustworthiness.
“Ban the Box” and Fair Chance Hiring Laws
Many states and cities have adopted Ban the Box laws, which prohibit employers from asking about criminal background on job applications. These laws aim to provide applicants with a fair chance by evaluating their qualifications first, not their records.
Fair chance hiring policies promote equity by:
- Encouraging employers to assess conviction information later in the hiring process.
- Preventing immediate rejection due to a criminal history or prior convictions.
- Promoting individualized assessments instead of blanket policies.
Even if you have pending charges or prior convictions, you may still qualify under a fair chance framework. Employers must evaluate the nature of the offense, how long ago it occurred, and whether it relates to the specific job.
Can Your Current Employer See a Pending Lawsuit?
In most cases, your current employer won’t see a pending personal injury lawsuit unless:
- They conduct a fresh background check.
- The lawsuit becomes a public matter that affects the company directly.
- They receive notice due to subpoenas, court orders, or law enforcement involvement.
A civil lawsuit alone doesn’t automatically give your employer a reason to fire or discipline you. Employment law generally protects employees based on merit and performance, not personal legal matters.
Still, if you believe you’ve experienced employment discrimination because of your pending lawsuit or civil history, it’s important to document what happened. Discrimination based on non-relevant civil matters may violate employment law protections.
When Employers Misuse Background Information
If an employer rejects your application due to your civil or criminal background without following proper steps, they may face liability under negligent hiring claims or FCRA violations. Here’s what they’re required to do:
- Provide applicants with a copy of the background check report.
- Offer a “pre-adverse action notice” and time to respond or dispute.
- Make the final hiring decision after considering any corrections or additional context.
Failure to comply with these steps may result in legal consequences for the employer.
Protecting Your Rights During the Hiring Process
So, will a pending injury lawsuit affect your employment background check? In most cases, no. Civil lawsuits don’t carry the same implications as criminal background information. Employers legally cannot reject you simply for seeking compensation through a civil suit, especially when it has no bearing on your ability to do the job.
Still, stay informed:
- Know your rights under the Fair Credit Reporting Act and the Civil Rights Act.
- Request a copy of your background check.
- Understand what your background check report may include, from criminal records to credit checks and court records.
If you believe an employer made a biased hiring decision based on civil lawsuit information or public records unrelated to the job, you may have grounds for action.
Need help understanding your legal rights during the hiring process? The Bourassa Law Group is here to help you understand employment background checks, dispute unfair practices, and ensure you receive a fair chance. Contact us today for a free consultation.
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