Applicants and employees, take note that some employers will conduct background checks and look into your background before deciding if they want to hire you or if you can still keep your job. But remember that you have legal rights, thanks to the Federal Trade Commission who enforced federal law that will regulate background checks for employment and federal laws that goes against employment discrimination, laws enforced by the Equal Employment Opportunity Commission. This will be a guide on why these laws are important and how to handle employers that broke these laws.
Questions about Background Checks and Your Own Background
Employers may ask you for different background information especially when the hiring process is ongoing. Some employers will ask you for your medical history or your social media networks. But other questions about your background are not illegal or to need background checks.
It must treat you the same as anyone else, regardless of your religion, race, national origin, sex, disability or age. Employers cannot add other background checks for extra information based on your race, which is discrimination and flat-out racist, if an employer treats you differently based on this kind of information, report it to the EEOC.
Employers may also try to find out your background information by hiring someone to do background checks on you, especially in the criminal records and credit reports sections.
There are special rules applied when employers get background checks on applicants from background check companies. Employers must first ask you for your written permission before getting background checks. You don’t have to give your permission but if you are applying for companies and you refuse to give your permission, you might get rejected by your employer.
Negative Information Popped Out About You in the Results of Background ChecksIf there are negative things in your background, explain why it should not affect your ability to the job. It is legal for employers to not hire you or to fire you because of the information in your background checks, but also illegal in a sense of the employer’s requirements that depends on race, color, sex, age, etc. it is illegal to reject applicants of ethnicity with criminal records, but not reject other applicants with the same kind of criminal records.
Employers should not use policies that excludes people with specific criminal records if the policies will have significant disadvantages of a particular protected characteristic like race or national origin and does not accurately predict who will be responsible, which means, sometimes using information taken from background checks can still be illegal discrimination. In legal terms, policies should have “disparate impact” and inconsistent with business necessity and job related. It does not matter whether the information taken was from the results of background checks or not.
To know more about Background Checks for Applicants and Employees, visit https://www.identitypi.com/