Almost all of us can relate to the experience – when filling out a job application you are asked to sign a consent form, authorizing a prospective employer to conduct a background check on you.
Your life – including credit history, credit scores, driving record, etc. – has become an “open book,” with much that you once deemed “private” now accessible to many. More ominous still, any inaccuracies – of which you may not even be aware – could be undermining your efforts to land new employment.
What “must know” information do you need to ensure your background check is an employment tool and not a hindrance?
First, you should be aware that a prospective employer must gain your written permission in order to conduct a background check associated with your employment application. And if they wish to communicate with your associates, neighbors or friends, they will need you to sign off on what is known as an investigative consumer report.
What’s included in an employee background check? The Fair Credit Reporting Act sets the standards for screening for employment. At a minimum, a background check will verify your social security number. However, employers are generally seeking additional data on employment history, educational credentials, credit history and possible criminal background.
While there are obvious privacy concerns related to such requests, employers (arguably) have at least some justification in their “need-to-know” efforts. According to the Privacy Rights Clearinghouse, a consumer rights organization, areas of employer inquiry and concern might include:
- False or misleading data offered by job applicants, e.g., fictitious employment or educational credentials
- Negligent hiring lawsuits brought against an employer as the result of an employee causing harm to others
- Federal and state legal requirements for certain positions, e.g., those related to contact with children or the elderly
- Fallout from corporate scandals
Please note there is information that cannot be disclosed in a background check. An example is school records, which are confidential and cannot be released without the consent of the student.
Although you cannot be discriminated against because you filed for bankruptcy, note that bankruptcies are a matter of public record and it will show up on a background check.
Criminal history – The laws vary by state – some states don’t allow questions pertaining to arrests or convictions beyond a certain point in the past. Others only allow consideration of criminal history for certain employment positions. This information does typically appear on a complete background check.
Also, employers cannot request medical records and are not allowed to make hiring decisions based on an applicant’s disability. They may only inquire about your ability to perform a certain job.
Come back next time to read what your next steps should be, especially if there is some damaging information on your back ground check.