It is 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 history) or age (40 years or older). When an employer requests a background check as part of their pre-employment process, they will be able to confirm the applicant's degrees, diplomas, certificates, educational institutions that they attended and the dates of attendance of the applicant. However, it is important to note that, according to the Equal Employment Opportunity Commission (EEOC), there are certain guidelines as to whether an employer can choose not to hire someone based on the arrests or convictions detected during their background check. An employment background check in the US is essential for hiring quality talent in order to eliminate any anomalies in the applicant's work history.
However, some states restrict employers' ability to rely on credit history information when making employment decisions. Most employers request an employment verification to confirm that their applicants have filled the positions they have applied for and their dates of employment at each employer. However, there are strict laws and regulations on the data that the employer can check and a rigid system of redress mechanisms for the employee in case something goes wrong. The employment background check process in the US involves a detailed check of the prospective candidate's previous work history, educational history, criminal history, credit history, license record, and motor vehicle history, among other vital aspects of their previous and current background.
Fingerprint-based checks are often performed as part of the pre-employment background check process and are mandatory for employers such as law enforcement agencies, fire departments, hospitals, airports, and public schools. If an employer learns that an applicant has a criminal record, they must individually evaluate the conviction in relation to the functions of the position before making a decision not to hire the applicant. Background checks are essential for any job applicant and are required by law in most US states. The Fair Credit Reporting Act (FCRA) was initially intended to protect financial information but its scope has been significantly expanded to include information about pre-employment background checks reported by consumer reporting agencies (CRA), such as background check companies, and how employers should manage the selection process.
External consumer reporting agencies that provide educational verification services must comply with the mandates of the FCRA by collecting and reporting information about applicants to employers and other state and local laws and regulations. Employers cannot request additional background information because you are, for example, of a certain race or because you have previously filed a complaint against an employer for employment discrimination. If an employer requests pre-employment drug testing and discovers that the applicant has used an illicit substance, it can use that information to make an adverse hiring decision. If an employer is allowed or required to request a credit check from an applicant and detects problems, they may have questions about the applicant's financial responsibility and integrity.
Ask the company that reports background information to send a copy of the corrected report to the employer and inform them about any errors.
