Employers need to know as much as possible about potential new employees before hiring. However, according to Business.gov, employers have certain legal responsibilities in the research process. There is a legal limit to how much information can be acquired.
The initial information can be obtained from former employers, who are legally limited to what is said, and personal references. If there is scanty information and the applicant is on the top on the potential candidates list, it may be pertinent to do further investigation.
Privacy and Legal Limits
Employees have rights to certain privacy areas that allows for law suits against anyone who breaches that trust while conducting pre-employment checks.
Financial Checks
Permission from the potential employee must be obtained before credit report checks can be processed. If the permission is granted in writing, the employer must supply the applicant or employee with a copy of all documents. The employer must also let the applicant know their rights in challenging anything that is on the report through the Fair Credit Report Act.
Bankruptcies can be found in public records, however, employers cannot legally discriminate against hiring on the grounds of financial loss.
Workman's Comp records are also public record, but can only be used if the employer is concerned about the relationship between the injury and the worker's ability to perform the job description.
Criminal Background
In pursuing criminal background checks, the laws are different from state to state. It is advisable to consult with the company business lawyer before taking any action. The FBI government website is a safe place to go for information on legal issues for background checks. Information on procedures and forms can be obtained at this site. The government has free sex offender sites and sites such as "America's Most Wanted" or the FBI Most Wanted site. Lie detector test are not legal, according to the U.S. Department of Labor.
Other Records
Medical records are protected and an employer is limited as to what can be asked in a screening process. The employer can ask if the the applicant is physically able to do the job. Military service records are limited information and cannot be disclosed without the person's consent. School records can only be released with the student's written permission.
Beware of the many websites that offer "free" background checks or ask for a minimal fee. The information offered on these sites are questionable and some of it is most likely illegal to use.
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Clarice Cook - Sharing life experiences, education and professional expertise combined with extensive, thorough research of accredited resources.
