A Blog by Jonathan Low

 

Oct 28, 2014

Welder Sues Changan Ford Over Lost Job Due to Faulty Background Check

The impact of information on people’s work and personal lives has become a global challenge. With so much data available and the ability to distribute it becoming more comprehensive, attention is increasingly turning to the veracity of the data itself.

IN a globally competitive labor market the need for qualifications is understandable. And given the power of the internet – social media in particular – the behavior of one employee or manager can impact an entire institution’s reputation. But, as the following article illustrates, the question of who is responsible not just for accessing the data but for attesting to its accuracy remains a confusing and uncertain issue.

That this happened in China may be surprising to some because labor and information rights may not be as well established or well known as in other areas. However, in a discussion yesterday in Beijing with faculty and students at Renmin University’s School of Information Resource Management, it is clear that assessing the responsibility for accuracy, updating and management of information has become a serious private and public priority. Whether it is a welder in Hangzhou or a programmer in Mountain View the importance of data in our lives is growing. The challenge is assuring that those affected by this – which means, literally, everyone in the global economy – is evaluated in a manner that accurately reflects their true situation.

Between the proliferation of data, the expense of maintaining it – and demands for the right to forget, balancing all of those needs is going to require more effort and cost than the breathless advocates of big data may realize. JL

Zhao Han reports in Caixin:

Many companies in China require proof that a recruit has no criminal record as a condition for applying, but that this "violates jobseeker's employment rights." A court in the eastern city of Hangzhou has accepted a lawsuit filed by a man who says U.S. auto giant Ford Motor Co.'s China venture refused to employ him even after offering him a job because he failed a background check. This is the first time a court in the country has formally accepted an employment discrimination case of this kind.

The court said it will decide whether to proceed with the case before October 20.

The man, Li Gang, said in his lawsuit that Changan Ford Automobile Co.'s Hangzhou subsidiary tested and interviewed him for an experienced welder position, then offered him the job. He resigned from his previous job and moved to the city from a neighboring area in June to take the new post, but then the company refused to hire him because of an "unclean background check."

Li's lawsuit said Changan Ford violated the country's Employment Promotion Law. He is suing the company for a public apology and is seeking 56,150 yuan for lost wages, transportation costs and emotional distress.

Changan Ford was established in 2001 as a joint venture between Ford and China Changan Automobile Co. Its major production lines include the Focus and Fiesta models. From January to July, the JV sold 462,088 cars in the country, up 35.7 percent from the same period a year ago.

Li's lawyer, Li Jun, said his client does not have a criminal record. The incident that the background check turned up occurred in 2006 when Li was involved in a physical altercation, the lawyer said.

"The other party started the fight," Li Jun told Caixin. "Li Gang was defending himself. No charges were filed."

Caixin tried to contact Changan Ford for comment, but got no reply.

Li Gang said he was surprised to learn he would not be hired.

"I obviously met all of their requirements, why would they not let me go to work?" he told Caixin. "Even if I really had a criminal background, should I lose the job opportunity because of it?"

Wang Bin, an associate professor at Shanghai Jiaotong University who studies employment discrimination, said that many companies in China require proof that a recruit has no criminal record as a condition for applying, but that this "violates jobseeker's employment rights."

1 comments:

epicresearch.co said...

What I like most in the post is the statement that I totally agree the behavior of one employee or manager can impact an entire institution’s reputation.

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