Job applicant awarded $1M after being rejected for admitting to previously using a false SSN
A federal court in California ruled that a job applicant’s admission that he used a false Social Security number cannot be the basis for disqualifying him from employment on good moral character grounds.
The court awarded the plaintiff over $1 million dollars as a result of the employer’s actions.
During an interview and routine background check, the plaintiff admitted to previously using a false SSN to seek employment. The California Department of Corrections and Rehabilitation (CDCR) denied his employment application and sent him a rejection letter stating that his past usage of a false SSN showed that he was “not suitable to assume the duties and responsibilities of a peace officer.”
The letter also stated that using the SSN showed a “willful disregard of the law” and a “lack of honesty, integrity, and good judgment.”
The plaintiff filed a lawsuit against the CDCR seeking damages based on a violation of Title VII of the Civil Rights Act. He argued that as a Latino job applicant, he was subjected to national origin discrimination because the job application process required him to disclose that he had used a false SSN in the past.
The court held that while California law required the CDCR to conduct a background investigation to ensure good moral character, the “good moral character” hiring policy had a significant disparate impact on Latino applicants like Guerrero, even though it was facially neutral. In light of that, the CDCR had a duty to apply the relevant EEOC factors – which it failed to do – resulting in the court ruling in favor of Guerrero on the Title VII disparate impact claim.
Source: Fisher Phillips, 8/1/2016
Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!
Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!
The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.
It’s such a great customer service that you provide and I’m happy to tell that to anyone.
Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.
We flew through our NCQA licensure review. We very much appreciate Certiphi's help in earning a 100% score for the files!