Federal and state laws allow
background checks
for certain jobs, as long as the checks are relevant
to the job for which an employee is being hired. These
include jobs involving security, trade secrets, health
care, and child care. Federal and state laws prohibit
employers from gathering or using certain types of
background records. Most employers ask for the applicant’s
permission for the background check in advance and
in writing (though often it’s hidden in small
type at the end of the application form). Employers
do not have the right to dig into an applicant’s
or employee’s personal affairs; they have the
right to
privacy regarding personal matters.
The Fair Credit Reporting Act (FCRA) sets provisions
and standards for screening job applicants on the
basis of their credit records. A background check
can also be used to verify the social security number
provided, and may include an analysis of the person’s
work history, driving record, or criminal record if
any. There may also be interviews (usually by phone)
with people the applicant knows. All of these inquiries
should be relevant to the job opening.
Privacy on Background check
 |
Privacy
of employee’s school records - School
records cannot be disclosed without the consent
of the student (or ex-student). |
|
Privacy
of employee’s bankruptcy - Bankruptcies
are public records; however, the employer cannot
discriminate against an employee because he/she
filed for bankruptcy. |
|
Privacy
of employee’s criminal record (if any)
- State laws vary on checking the criminal record
of the employee. It is illegal to ask questions
about the employee’s criminal history beyond
a certain point, and that, too, varies for certain
positions. |
|
Privacy
of medical records - It is illegal, if
the applicant is disabled, for an employer to
ask for medical records and then, on that basis,
makes the hiring decision. |
|
Privacy
of driving records - Checking his/her driving
record does not require the consent of the employee. |
It is advisable that the applicant or employee be
aware of the types of information an employer may
seek. It’s better to be prepared than surprised.
Obtain a copy of your credit record and, perhaps,
your motor vehicle record, too, and correct any errors.
It is also beneficial for the applicant to obtain
a copy of his/her personnel files from former employers
and try to make sure that any references given are
favorable. Job applicants should also make sure that
information provided in their résumés
and job applications are genuine, accurate and up-to-date.
