What Is Included in a Pre-Employment Background Check?
The likelihood that you will be the subject of a background check as a part of the hiring process is much greater today than it has been in the past. According to the website, PrivacyRights.org, this is due in large part to the current climate of heightened security awareness and the unprecedented access to background information.
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Why Employers Perform Background Checks
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Employers are aware that many resumes may include embellishments and lies. Privacy Rights says that because of the recent increase in the number of negligent hiring lawsuits, employers have greater concerns about the liability of making a hiring mistake.
State or federal laws mandate background checks for some occupations, especially those involving working with children, the elderly or the disabled. Many state and federal jobs require background checks also and may additionally require an intensive investigation if a security clearance is necessary for the position.
Things Included in a Background Check
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The phrase "background check" may refer to anything from a simple confirmation of the applicant’s Social Security number to a detailed account of the applicant’s employment history and acquaintances. There may even be a search of social networking sites such as Facebook, MySpace and Linked In, according to Privacy Rights.
The Business.gov website says that background checks can include credit reports, criminal records, lie detector tests, medical records, military service records, school records and workers compensation records.
Before an employer can access certain records, including education, military service and medical records, they must have your written permission.
More records may be part of a background check according to PrivacyRights.org. They are driving records, vehicle registrations, character references, neighbor interviews, property ownership records, state licensing records, drug test records, past employers and personal references.
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What Must Be Excluded from Background Checks
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The federal Fair Credit Reporting Act (FCRA) sets the national standards for employment screening. It states that bankruptcies cannot be reported after 10 years. It further states that after seven years, reporting information is prohibited on civil suits, civil judgments, records of arrest, paid tax liens, accounts in collections, and all other negative information.
Consumer reporting agencies are outside companies that perform background checks for employers. They may not seek out arrest records, but may seek information on convictions or information on whether the applicant is out of jail, awaiting trial.
Concerns about Background Checks
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Employers may look into parts of an applicant’s past that have no relevance to the employee’s job performance. An employer misunderstanding information viewed out of context is also a concern about background checks. The employer may even receive inaccurate information that may negatively influence the employer’s decision to hire you.
Misconceptions About Background Checks
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A common misconception about the FCRA is that it applies to all employers. In reality, the FCRA only applies to background checks performed by consumer reporting agencies for other companies. If the employer performs the background check, the law does not apply.
Another common misconception is that the FCRA applies to all jobs. The FCRA only apply to jobs with salaries less than $75,000.
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References
Resources
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