Legal Question in Discrimination Law in Pennsylvania
Assuming
I've been working for a bank for the past 9 months, last Friday they got robbed. I was scheduled till 5:00 and it happened around 5:45. I am Spanish and it was said that the robber was hispanic. I received a letter from Trans Union informing me that they (the bank) were doing a backround investigation on me. No one else received this letter. I was the only one.
1 Answer from Attorneys
Re: Assuming
First of all, I am very glad you came through it well and hope you don't have too much trouble putting it behind you.
As to the investigation, not much you can do, at this point. They are within their right to investigate. They have wide latitude to do so. If they act on any information from that investigation in any negative manner then they 1) must tell you why, 2) what information they were acting on, and 3) where they got that information.
Most importantly, they may not take any adverse action based on a discriminatory basis. There are folks who would suggest that an investigation was an adverse action but I think that argument would be hard to win. The employer is within its right to investigate and the basis is the robbery and a potential connection to the perpetrator which is race based. Nevertheless, you must be vigilant. At some point in the future you should request to review your personnel file. Your employer must allow you access to the file and may allow you to copy anything in there. They do not have to make a copy or allow you to take there copies anyplace.
While I would suggest you immediately engage a lawyer to help protect your rights I realize that this may not be practical. If there is any adverse action in regard to your employment then you should not hesitate to contact an attorney to protect your rights.
I would be interested in speaking with you further about this matter. You can contact me at [email protected].
Regards,
Roger Traversa
Arjont.com