Background-Checks-What-Employers-And-Applicants-Should-Know

Background-Checks: What Employers And Applicants Should Know

Almost all employers perform background checks on prospective employees.

Employers have been so broadly held responsible for the actions of their employees that many employers also perform background checks during the course of your employment.

These are called "Rolling" or "Periodic" background checks.

Applicants have rights that must be complied with as part of the background check process.

Summary Of Rights

An applicant must also be given a SUMMARY OF RIGHTS    (Click link below)

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When a background check is going to be ordered. This Summary Of Rights outlines provisions for disputing and correcting inaccurate information which may be contained in a background check.

The (FTC) Federal Trade Commission enforces a federal law that regulates background reports for employment. The (EEOC ) Equal Employment Opportunity Commission is charged with the enforcement of  federal laws against employment discrimination.

Background Check Questions

Employers can ask for many kinds of background information.

Some examples:

1. Employers may ask about any criminal record.

2. Employers may ask about your employment history.

3. Employers may ask about your employment history.

4. Employers may ask about your use of Social Media.

5. Employers may ask about your education.

6. Employers may ask about your financial background.

The law requires equal treatment of everyone when inquiring about your background.

It may not treat anyone differently because of national origin, race, age, religion, color, sex, ethnicity or any disabilities, family or genetic medical history

Employment Background Checks

Employers usually hire a background check or employment screening company to research your background including public records checks, previous employment, educational and credential verifications.

If an employment credit report will be required,  you may want to check it first yourself to see if there are any errors you would like to get corrected before  prospective employer sees your credit report.by To get your free credit report, visit www.annualcreditreport.com or call 1-877-322-8228. You are not required to pay anything to get mistakes corrected nor do you have to buy anything.

If Your Your Background Contains Negative Information

First, be honest. Many employers will overlook certain records if enough time has passed and if  the record is not especially egregious.

Most employers though, will not hire someone who lied on an application. If you can provide a good explanation and reasonable assurances that it will not affect your  capacity to be a good employee and do a good job.

Even with certain criminal records, employers must take care to be sure the hiring decisions based on information contained in a background check doesn't have a "disparate impact" and is not "job related and consistent with business necessity."

Even if the employer treated you the same as everyone else, using background information still can be illegal discrimination. For example, employers shouldn't use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and doesn't accurately predict who will be a responsible, reliable, or safe employee. In legal terms, the policy or practice has a "disparate impact" and is not "job related and consistent with business necessity." (It doesn't matter whether or not the information was in a background report.)

 

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Disclaimer
None of the information contained in this web site should be construed as legal advice.
All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.

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