2020-2025 Form

Understanding Unfounded CPS Cases and Employment Impact

An unfounded Child Protective Services (CPS) case refers to a situation where allegations of child abuse or neglect are investigated but ultimately deemed unsubstantiated. These cases can raise concerns for individuals regarding their employment prospects, especially in fields that require background checks. Employers often conduct thorough background checks, which may include reviewing any past CPS involvement. However, if a CPS case is unfounded, it typically should not negatively impact employment opportunities.

How Unfounded CPS Cases Are Handled in Employment Background Checks

When employers perform background checks, they may access records related to CPS investigations. However, unfounded cases are generally not included in reports provided to employers. The Fair Credit Reporting Act (FCRA) regulates how background checks are conducted, ensuring that only relevant and substantiated information is disclosed. Therefore, if a CPS case is unfounded, it should not appear in employment records, protecting individuals from potential discrimination based on unsubstantiated claims.

State-Specific Regulations on CPS Cases and Employment

Each state has its own laws regarding the disclosure of CPS records. Some states may have specific provisions that prevent unfounded cases from being disclosed during employment background checks. It's essential for individuals to understand their state's regulations to know their rights and how unfounded CPS cases are treated in employment contexts. Consulting with a legal professional can provide clarity on state-specific rules and protections.

Steps to Take if an Unfounded CPS Case Affects Employment

If an individual believes that an unfounded CPS case is affecting their employment opportunities, they can take several steps:

• Request a copy of their background check report to verify what information is being disclosed.
• Contact the employer to discuss the findings and clarify the nature of the CPS case.
• Consult with a legal professional to understand rights and options for disputing any inaccuracies.

Examples of Employment Situations Involving Unfounded CPS Cases

Consider a teacher who has an unfounded CPS case in their past. When applying for a teaching position, the background check may reveal the investigation, but since it is unfounded, it should not hinder their hiring process. Similarly, a childcare worker with an unfounded case should not face barriers in securing employment, provided they can demonstrate their qualifications and suitability for the role.

Legal Protections Against Discrimination

Individuals with unfounded CPS cases may have legal protections against discrimination in employment. Federal and state laws prohibit employers from making hiring decisions based on unsubstantiated allegations. If an individual believes they have faced discrimination due to an unfounded CPS case, they can file a complaint with the Equal Employment Opportunity Commission (EEOC) or seek legal counsel to explore their options.