Background Check Laws: What Every Employee Should Know

One of the most common concerns of applicants seeking employment is the employment background check, which is a typical part of most application processes. They say if you have nothing to hide, then there is nothing for you to worry about. However, this is not really the case because news about inaccuracies and misinformation from background checking companies have made applicants grow worried that they may be turned about because of this.

Employment background checks which are commonly called reference checks, supply valuable information such as employment history, workers compensation claims, criminal records, driving records, education records, military records, professional licensing records, drug test results, credit reports, sex offender lists, and character references. These pieces of information can be a useful gauge that an employer uses to evaluate a certain employee to see if he or she is fit to work a company.

But what if you mistakenly get associated with a crime that you did not commit or that you were given the wrong kind of credit report? Although these mistakes are not done on purpose, they are still possible to happen.

One thing you can do is to have a background check on yourself especially if it seems like you have been being turned down for a number of times already despite your good credentials. It is better that you find out yourself if there are wrong kinds of information sticked to your name so that you can do the right measures to correct this.

Another way to protect yourself is to get to know the laws that govern background checks. Equipping yourself with this knowledge will make it easier for you to defend yourself against possible negative results that a wrong background check may inflict on you.

Conducting background searches have always been a debate between an individual’s privacy and the right of an employer to access public records. With the modern technology of the Internet, information about people is very easily accessible that many individuals feel that to some degree, their privacy is being violated.

To this date, there are no specific Federal laws that actually govern employment background screenings. However, some acts that are related to it serve as a guide on the coverage and restrictions on background searches.

The Fair Credit Reporting Act (FCRA)

FCRA regulates the credit reports and consumer reports that are typically included in most background searches. This act requires employers to ask employees to sign a consent form permitting a background check. Since laws vary in different states, it is best that you consult with local legal counsel so that you know what specific rules your state law has regarding this process.

The American with Disabilities Act (ADA)

Under the ADA, people who are defined as disabled by the Equal Employment Opportunity Commission (EEOC) are the following:

• People who have physical or mental disability that significantly limits one or more of a person’s daily activities

   

• People who have records of physical or mental impairment

ADA restricts employers from utilizing medical or disability records as part of the hiring process. Therefore, employers are not allowed to get access to their medical records or even ask about the person’s disability during the interview.

The Federal Bankruptcy Act (FBA)

Under this act, there are some provisions here that are closely related to employment, one of which is that it is unlawful for employers to have bias against employees or job applicants who have had cases bankruptcy or bad debts in the past.

Defamation Laws

In some states, these kinds of laws protect employees against “malicious libel and slander” from former employers. This means that when another employer calls you up for character reference, you cannot in any way say maliciously negative things about the employee. Should you need to inform the other employer about your former employee’s misdeeds, you should be able to do it in a decent and constructive manner.

Since there are no specific laws governing employment background checks, it is possible that some employers would go beyond the boundaries. If you experience such scenario such as if an employer does not ask your consent before conducting a background check, consult with a lawyer to see what legal route you can take.