Employer's informal Google search didn't create race bias claim

An employer's informal background check on a new hire via Google didn't support a race discrimination claim under Title VII of the Civil Rights Act of 1964, the U.S. 4th Circuit Court of Appeals (which covers North Carolina, South Carolina, and West Virginia employers) recently ruled. The case provides good insights on when such searches might create a viable legal claim.

Title VII and background checks

Employers often associate background checks with statutes such as the federal Fair Credit Reporting Act. But equal employment opportunity laws also prohibit you from discriminating against employees when you use background history information:

• A violation may occur if an employer treats criminal history information differently for different applicants or employees based on their race or national origin.
• If an otherwise neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) disproportionately affects some individuals protected by Title VII, it may violate the law unless it's job-related and consistent with business necessity.

Employee fired because of Google search results

Robel Bing applied for work as a customer care representative with Brivo Systems, LLC, and disclosed his criminal history as part of the process. After he was interviewed in person, the company made him a job offer. He didn't disclose his race on the application, but the Brivo employees who hired him learned of his race during the interview.