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Some employers look into your background before deciding whether to hire you, or before deciding whether you can keep your job. When they do, you have legal rights.
This document, drafted in collaboration with the Federal Trade Commission, provides information on how background checks are used in employment and when such use may implicate laws enforced by the EEOC or FTC.
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.
Employers might run a background check on you. Federal law and some state laws give you rights if they do. Employers must get your written permission before running a background check from a background reporting company. You have the right to say no, but if you do, you may not get the job.
Employers conduct background checks to ensure they choose the right candidate for the position. They also need to protect their business from individuals who may display fraudulent or reckless behavior in the workplace. State and federal regulatory compliance is another major benefit.
Background Checks: What Employers Need to Know; Background Checks: What Job Applicants and Employees Should Know; Arrest & Conviction; Security/Background Checks for Certain Religious or Ethnic Groups
Background checks are an integral part of the employee hiring and onboarding process. An estimated 95% of U.S. businesses run background checks before making hiring decisions. Though not generally required by federal law, engaging in this vetting process is highly advisable.
Below, we will discuss why background checks matter for employment, the types of background check services available, and how employers should utilize the information they discover through these reports.
Employment background checks include a person’s work history, education, credit history, driving record, criminal record, medical history, use of social media and drug screening. If you find any red flags in your initial check, you can then decide whether you want to order more specific reports.
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.