An example of when it is illegal is when the employer has different background requirements depending on your race, national origin, color, sex, religion, disability, genetic information including family medical history , or older age 40 or older.
For example, it would be illegal to reject applicants of one ethnicity with criminal records for a job, but not reject other applicants with the same criminal records. This is true whether or not the information was in a background report. 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. If you think an employer discriminated against you based on background information, contact the EEOC for further information see below. If you think that a background check was discriminatory, you may contact the EEOC by visiting its website at www. The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex including pregnancy , national origin, age 40 or older , disability, or genetic information.
The EEOC investigates, conciliates, and mediates charges of employment discrimination, and also files lawsuits in the public interest. For specific information on-. If an employer got your background report without asking your permission, or rejected you without sending you the required notices, contact the FTC at www.
Checks employers can make on job applicants
For further information see-. The FTC works to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. Skip top navigation Skip to content. Background Checks: What Job Applicants and Employees Should Know Some employers look into your background before deciding whether to hire you, or before deciding whether you can keep your job.
Questions About Your Background An employer may ask you for all sorts of background information, especially during the hiring process. Background Reports Some employers also will try to find out about your background by hiring someone to do a "background report" on you. If the Employer Finds Something Negative in Your Background If there is something negative in your background, be prepared to explain it and why it shouldn't affect your ability to do the job.
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For specific information on- Preemployment medical inquiries: see Preemployment Disability-Related Questions and Medical Examinations at www. FTC If an employer got your background report without asking your permission, or rejected you without sending you the required notices, contact the FTC at www.
Employment Background Checks at www. Employee Background Checks at www. Disputing Errors on Credit Report s at www. Free Credit Reports at www. To learn whether your state legally allows the use of arrest records for hiring, read our white paper on the matter. Read our full post about dismissed cases and background checks.
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- What Exactly Is a Criminal Background Check and How Does It Fit into Pre-Employment Screening?;
If a candidate has successfully petitioned to have his or her criminal records sealed or expunged, those convictions should no longer appear on the background check report in any form. An expunged record is essentially scrubbed from existence.
Do you have candidates whose criminal histories are making them difficult to hire or provide with specific benefits? Will a speeding ticket show up on a criminal background check? Simple traffic tickets do not show up on criminal history checks. These tickets are civil citations, which means they are not misdemeanors or felonies. With that said, there are driving offenses that are considered misdemeanors or felonies, including reckless driving and driving under the influence of alcohol.
These convictions will appear on a criminal background report.
How far a criminal background check goes depends on the state. There is no federal law on this subject. Most states decide this matter on their own. The norm is for criminal background checks to go back seven years. Criminal history searches are just one piece of a thorough pre-employment background check process. Take time to verify the information your candidate provided on his or her resume and job application.
These details must instead by checked using verification checks.
There are a few different types of verifications available from backgroundchecks. An employment verification check is mostly meant to check the validity of the work history information a candidate provided on their resume. That might mean tweaking a job title, changing a start or end date, or listing job responsibilities that were outside the scope of the position. Employment verification checks involve contacting previous employers—usually HR staff—and verifying the accuracy of these key information points. One common question is what employers can or cannot say about a previous employee.
As an employer, you may be wondering what you can ask a former employer and what to say if an employer contacts you about an employee. Contrary to popular belief, there is no federal law restricting what employers can disclose about past employees. For instance, if the candidate you are screening was fired from a previous job, the employer can tell you that and explain the reasoning behind the decision. Most employers tread carefully here for fear of defamation lawsuits. As a result, most employment verification checks focus on details that are objective and easily verifiable, such as employment dates, job title, duties or responsibilities, and salary information.
When a company follows up on references listed on a candidate's resume, they expect the people listed to provide a subjective assessment of the person applying for the position.
What Do Background Check Show and what do People Look for? | imemtioumandau.cf Learning Center
Because recruiters assume that the candidates had asked the person's listed if they would be willing to speak on their behalf, those running the checks can ask about skills, personality and overall work ethic - all factors that will have an influence on how the individual fits into the new work environment. Read on to find out how we can check your candidate's references. Most pre-employment background checks include a criminal history check. When an employer or recruitment agency conducts a criminal history check on an applicant, the information is generally gathered from county, state or federal courts and involve crimes against the state, such as theft or other crimes in contravention of the country's laws.
A civil history background check is an entirely different matter and these cases are brought to court by the alleged victim and not the state. When someone is sued for wrongdoing by another individual, these case records form part of a civil court's records. There are two types of civil history background checks; county and federal. To understand what shows on civil history records; read on to learn more. When applying for a vacancy, most prospective employers require specific qualifications.
Statistics show that most applicants are not entirely truthful on their resumes and often exaggerate their skills and abilities.