Falsely Flagged Under Megan's Law By School District's Visitor Management System
Location: California
In late April, I had just began to work substituting for after school programs in my area. My first shift went smoothly with no hiccups. On my second shift at a different school within the same district, I handed the receptionist my ID and told them that I was there to substitute for their afterschool program. She ran me through the system and ended up calling a member of administration who inspected my ID and would later pull me aside with another member of staff to tell me that I was flagged under Megan's law by their Raptor Visitor Management System and asked me to leave the school. I was completely taken by surprise by this as I have just completed my background check with my employer less than two weeks prior and I know that I am not a sex offender. What I (and my recruiter) suspect had happened was that the system pinged my name as it is incredibly common one and from there the staff relied on their own eyesight to misidentify me. I even heard the member of admin say "Unless my eyes deceive me,". When I searched my name on the sex offender registry, of the ~10 offenders that share my name, one has long curly hair slightly similar to mine. However, that man does not share remotely any of the same facial features, his skin tone is lighter than mine, he is slightly older than I am, he is shorter, and according to the database has a tattoo on his right arm. Part of me wants to cry racism as I hardly look like the offender, both the receptionist and the member of admin were white and when pulled aside I was told it was to discuss the nonexistent ESL class I was to help with (I don't even know Spanish). My employer had told me that similar things have happened to some of their other employees and that I was likely to be in their system and I would not be able to sub within the district at all. I had initially considered just letting it go but this is my source of income. My employer had also said that if I sought out a substitute teaching permit I would be able to take positions at charter schools. However looking into the application process I am worried that this incident could be grounds for my application to be denied. Is there any legal action I can take to clear my name or even get any financial compensation? Should I seek a lawyer that specializes in labor law? Should I go to my employer and ask them for legal action? Any advice would be greatly appreciated.
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