Issue: In the case of Anya McPherson, in 2012 she was working as a temporary data entry clerk for Canon Business Solutions. In that same year, the company approached McPherson asking her to apply for a permanent position with the company, she was offered the job but shortly afterwards was notified via a phone call from human resources, that she had failed the background check. The background screening revealed a 12-year-old felony in McPherson's past. The same day she received the call from HR, McPherson was terminated from her position.
As a result of the termination, McPherson filed a class action lawsuit against Canon, citing the illegal and improper use of background checks that had led to her termination from the company. McPherson claimed that Canon violated the Fair Credit Reporting Act by not providing her with a copy of the background check report used to make the firing decision.
In addition to the significant…show more content… Employees and job searchers need to remember to be cautious and truthful about their history. McPherson might have been eligible to have her felony expunged, she didn't go through the process of doing so before the employer found it and she had to face consequences. On the job application for the permanent position at Canon, records revealed that McPherson checked "no" when asked if she had a criminal record and since her felony was not sealed or expunged at the time, McPherson answered that question untruthfully. It's a reminder to ex-offenders that eligibility of something you have not started the process to complete is not the equivalent to
