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What Employers Need to Know A joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission When making personnel decisions - including hiring, retention, promotion, and reassignment - employers sometimes want to consider the backgrounds of applicants and employees.
For example, some employers might try to find out about the person's work history, education, criminal record, financial history, medical history, or use of social media.
Except for certain restrictions related to medical and genetic information see belowit's not illegal for Background checks employer to ask questions about an applicant's or employee's background, or to require a background check.
However, any time you use an applicant's or employee's background information to make an employment decision, regardless of how you got the information, you must comply with federal laws that protect applicants and employees from discrimination.
That includes discrimination based on race, color, national origin, sex, or religion; disability; genetic information including family medical history ; and age 40 or older. In addition, when you run background checks through a company in the business of compiling background information, you must comply with the Fair Credit Reporting Act FCRA.
This publication explains how to comply with both the federal nondiscrimination laws and the FCRA.
It's also a good idea to review the laws of your state and municipality regarding background reports or information because some states and municipalities regulate Background checks use of that information for employment purposes. It's illegal to check the background of applicants and employees when that decision is based on a person's race, national origin, color, sex, religion, disability, genetic information including family medical historyor age 40 or older.
For example, asking only people of a certain race about their financial histories or criminal records is evidence of discrimination. Except in rare circumstances, don't try to get an applicant's or employee's genetic information, which includes family medical history.
Even if you have that information, don't use it to make an employment decision. Don't ask any medical questions before a conditional job offer has been made.
If the person has already started the job, don't ask medical questions unless you have objective evidence that he or she is unable to do the job or poses a safety risk because of a medical condition.
FTC If you get background information for example, a credit or criminal background report from a company in the business of compiling background information, there are additional procedures the FCRA requires beforehand: Tell the applicant or employee you might use the information for decisions about his or her employment.
This notice must be in writing and in a stand-alone format. The notice can't be in an employment application. You can include some minor additional information in the notice like a brief description of the nature of consumer reportsbut only if it doesn't confuse or detract from the notice.
If you are asking a company to provide an "investigative report" - a report based on personal interviews concerning a person's character, general reputation, personal characteristics, and lifestyle - you must also tell the applicant or employee of his or her right to a description of the nature and scope of the investigation.
Get the applicant's or employee's written permission to do the background check.
This can be part of the document you use to notify the person that you will get the report. If you want the authorization to allow you to get background reports throughout the person's employment, make sure you say so clearly and conspicuously.
Certify to the company from which you are getting the report that you: Using Background Information EEOC Any background information you receive from any source must not be used to discriminate in violation of federal law. This means that you should: Apply the same standards to everyone, regardless of their race, national origin, color, sex, religion, disability, genetic information including family medical historyor age 40 or older.
For example, if you don't reject applicants of one ethnicity with certain financial histories or criminal records, you can't reject applicants of other ethnicities because they have the same or similar financial histories or criminal records. Take special care when basing employment decisions on background problems that may be more common among people of a certain race, color, national origin, sex, or religion; among people who have a disability; or among people age 40 or older.
For example, employers should not 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 does not 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.
For example, if you are inclined not to hire a person because of a problem caused by a disability, you should allow the person to demonstrate his or her ability to do the job - despite the negative background information - unless doing so would cause significant financial or operational difficulty.
FTC When taking an adverse action for example, not hiring an applicant or firing an employee based on background information obtained through a company in the business of compiling background information, the FCRA has additional requirements: Before you take an adverse employment action, you must give the applicant or employee: By giving the person the notice in advance, the person has an opportunity to review the report and explain any negative information.
After you take an adverse employment action, you must tell the applicant or employee orally, in writing, or electronically:PLUS one background check (voucher) each month Try Intelius Premier Plus, and if you cancel within the first 7 days and have not yet used a background check voucher you pay only $ Otherwise, you will receive 1 background check voucher per month and be .
Our National Criminal Background Check and Sex Offender Check is a comprehensive criminal check showing felonies, misdemeanors, sex offenses and more at the state and county level.
We also include results from OFAC, OIG, and terrorist watchlists. What is a background check? While there is no single definition of the term “background check,” it commonly refers to an investigation of a person's history. Depending on the type of provider, background reports can include many different types of information.
Background Checks What Employers Need to Know. A joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission. A background check is a review of a person's commercial, criminal, and (occasionally) financial records.
Background checks are quite common; in fact, some surveys show that up to 70 percent of employers require employees to undergo background checks before hiring. The results of background checks are sent to the agency (the agency who requested the criminal background check,) except where statutorily mandated.
There are very few instances where statute mandates a second copy of the response be sent to another agency when certain conditions exist.