Target runs background checks on applicants, but what happens if you are rejected? If you just ignore it, you may keep having the same problem because false information or errors may stay on your report. You have legal rights under the Fair Credit Reporting Act (FCRA) to fix those mistakes or even sue for damages.
Does Target Perform Background Checks?
Yes, Target requires background checks for all applicants in the United States. According to a website devoted to helping convicted felons find work, Target’s background check and drug test are done at the tail end of the hiring process.
The same website indicates that the type of criminal activity Target classifies as a disqualifying offense depends on the position the applicant is seeking. For example, someone who has a robbery or theft conviction may not be hired to work in a Target warehouse; and someone who has a conviction for a serious driving offense my not be hired to work in transportation.
Because the background check required by Target is conducted for employment purposes, the Fair Credit Reporting Act (FCRA) provides you with certain legal rights.These include: the right to be informed if information from a background check has been used against you; the right to know the contents of the background check report; and the right to dispute inaccurate or outdated information.
You should be aware that while state laws vary, federal law excludes information about arrests that occurred more than seven years ago from background check reports. The only exception to this is if the annual salary for the position you are seeking is more than $75,000. There is no time limit for conviction records.
Within this context, it is also important to note that if Target uses another company to run background checks, it must have your written consent first.
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Target and Big Retail
Target’s history dates to 1962. Today Target says it is the second largest general merchandise retailer in America. As such, it has 1,851 stores in the United States. Target also has 39 distribution centers in the United States and employs more than 350,000 people globally
Benefits of Working At Target
In the United States, Target hires people to fill positions in its stores and distribution centers. It also hires people to work in its corporate offices.
Most people new to working in retail will probably start in entry-level positions at Target stores. Some of these positions are: cashiers, cart attendants, guest service attendants, and team members/sales associates. Jobs in Target’s distribution centers range from warehouse operations to clerical/administrative, packing operations and logistics/transportation. Corporate opportunities range from administrative support positions to assets protection/loss prevention (security) and human resources.
Salaries vary accordingly, with reported pay for entry-level positions starting at $9 per hour. However, Target also offers comprehensive benefits such as medical and pharmacy benefits; dental benefits; paid time off; parental leave; life insurance; short-term and long-term disability insurance; education assistance; and more.
How Do I Qualify To Work For Target?
Requirements vary based on the type of position you are seeking. In general , you must be at least 16 to apply for hourly positions at Target stores, and 18 to apply for hourly jobs at Target’s distribution centers. You must also be able to provide proof that you can legally work in the United States. To apply for the positions, you should have a valid Social Security Number and permanent address.
And they’ll also run a background check on you….
What are my Background Check Disclosure and Consent Rights?
You have a right to know if an employer will use information from a background check against you and an employer cannot obtain background check information without your express written consent.
A background check company cannot hand over your information to an employer unless the employer certifies that: (1) it has “clearly and conspicuously” disclosed to you in a separate document that it may obtain a background check; (2) you have authorized it to get the background check; and (3) it will provide you with advance notice of any adverse action based in any part on the background check report, a copy of the report, and a summary of your rights under the FCRA.
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Target Background Check Complaints
In 2018, Target settled a lawsuit alleging that it had wrongfully denied employment to thousands of applicants based on the results of criminal background checks.
Specifically, the suit alleged that Target automatically rejected people whose records included convictions for violent offenses and “theft, fraud and other offenses that occurred within seven years of their applications” even though “some of these offenses are minor or too old to impact employee performance.” The suit also alleged that these wrongful exclusions disproportionately affected African Americans and Hispanics.
In a statement issued after it settled the suit, Target said it changed its hiring practices. The company said it now collects criminal background information in the final stages of the hiring process so the only considerations prior to that point are an applicant’s qualifications, interview and availability. However, Target also says that it will continue to deny employment for applicants whose criminal histories indicate that they may “pose a risk to our guests, team members or property.”
You Received A Pre-Adverse Action Notice From Target. What Are Your Legal Rights?
By law, anyone who uses the information in a background check report to screen job applicants must let any applicant know when they didn’t get the based on the information in the report.
This means you have a right to see what is in the background check. Depending on your specific circumstances, you may also be able to sue the company that requested the background check and rejected your application, or the company that issued the background check report
Your Right to an Accurate and Legally-Compliant Report From Target
A background check company must take reasonable steps to ensure its report is as accurate as possible.
The FCRA also puts limits on the negative information a background check report can include. A report cannot list civil suits, judgments, arrest records, paid tax liens, accounts in collection or most other negative information (except criminal convictions) after 7 years, or bankruptcies after 10 years. It also cannot list expunged convictions
Your Right to Dispute an Unfair Background Check Report from Target
If you don’t get a job because of information on your background check report, you are entitled to a copy of the report. You also have the right to dispute the report if it has errors or includes information it shouldn’t.
If you dispute your report, the background check company must investigate and correct any errors within 30 days.
Were You Harmed By False Information or Errors In Your Target Background Check Report?
Often, whether you get hired or promoted depends on the information gleaned from an employment background check. A background check can come in many shapes and sizes. It may be as simple as verifying your social security number. Or it may include a detailed report of your credit and criminal history, or even information gathered from interviews of your friends and neighbors about your character and reputation.
Whatever the scope of the background check, the FCRA sets strict standards for how employers background check companies get consent for and conduct background checks, and what they can do with the information they find.
If a background check commissioned by Target fails to meet those standards, the FCRA affords you a number of rights.
Your Right to File A Lawsuit Against Target if your report includes inaccurate or illegal info
If you lost out on a Target job or were suspended or fired because a background check report included inaccurate or illegal information, you may be able to sue in federal court. If you sue and win, you may be entitled to your actual damages or statutory damages up to $1,000, plus punitive damages, attorneys’ fees, and court costs.
Ready to Assert Your FCRA Rights?
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If you’re ready to assert your rights and fight incorrect information in your background check, we can help you get justice. Complete our form for a FREE case evaluation, or call 844-685-9200 NOW.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions.
He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
