Many organizations now use employee screenings to verify candidate information, identify and mitigate risks, and make sound hiring decisions.
“Pre-employment background checks are becoming as important to hiring managers as your resume, application, and interview responses,” says Andrea Pion.
92% of employers conduct them, according to the Society for Human Resource Management—a notable rise from just a few years back.
However, there is still much ambiguity about background checks, their legalities, and their impact on employee rights.
This article aims to clarify them so you can protect your privacy and avoid discrimination during the hiring process.
What Is Employment Screening?
First of all, let’s understand what an employment background check involves.
It refers to finding information about a current or potential employee using external sources.
A background screening is useful to confirm the details an employee has already provided and discover anything they may have concealed but would have an impact on their eligibility for a position.
This is critical for organizations to minimize risk (especially when it comes to theft, scams, violence, and litigation) and comply with federal and state laws, such as those related to immigration.
Now, an employer can conduct background checks on their own.
But in most cases, they would hire a specialized agency that performs screenings in compliance with related regulations.
The decision to seek the services of a professional organization can depend on the type of screening the employer requires.
Based on the role, a company can conduct a variety of background checks covering a candidate’s identity details, education, employment history, and driving records.
They can even include credit history, medical records, drug tests, bankruptcy filings, and criminal records.
Can a Company Run an Employee Background Check on You Without Your Consent?
The simple answer is no. The Fair Credit Reporting Act (FCRA) requires organizations to inform candidates in writing about their intention to conduct a background screening for recruitment, promotion, or hiring and seek written consent to do so from the relevant employees.
It also makes it necessary for employers to share the “Summary of Rights”, which outlines a candidate’s rights as per the FCRA.
To ensure privacy and equity and safeguard employees, several other laws govern and stipulate how an employee background check should be carried out and used.
For example, according to the guidelines of the Equal Employment Opportunity Commission (EEOC), organizations cannot screen employees or use what they have found to discriminate against a person based on age, race, national origin, color, religion, gender, disability, or genetic information.
State and city-level laws also apply when conducting employee screenings.
For instance, the California Fair Chance Act prevents organizations with five or more employees from requesting arrest and conviction records before making a conditional offer to a candidate.
What You Should Know When Applying for a Job
When pursuing job opportunities, it is important to understand how an employment background check could affect your career prospects and take the necessary measures to safeguard your interests.
Know Your Rights
What types of background checks can a potential employer carry out?
How should they perform an information search?
Which federal and local laws and regulations must they comply with during the process?
How and when should they inform you and get your consent?
Familiarizing yourself with the answers to these questions will enable you to exercise your rights and protect yourself from unethical and illegal practices.
For instance, if a candidate is rejected based on an employment screening, employers are legally required to share a copy of the report with the name and contact details of the firm that submitted it.
This makes it possible for you to raise a dispute if the information contained in your background report is inaccurate.
Be Careful What You Share
Legitimate employers will not ask for sensitive details, such as bank account information, before confirming the hire or without providing credible reasons for requesting them.
So, think twice before you share them if you want to avoid scams and similar risks.
At the same time, paying attention to what you divulge on public spaces like social media, blogs, and forums is also critical.
Laws relating to employers checking candidates’ social media activities, for example, are still pretty vague.
So, slandering your previous employer on networking sites or making discriminatory comments based on gender orientation or race could seriously deteriorate your chances of getting hired.
After all, first impressions matter, whether in person or online.
Conduct Your Background Screening
There are many ways your name could get associated with inaccurate or discrediting information.
For instance, you can get confused with someone else with a criminal record when they share your first and last name.
And if your identity was stolen at some point, your name could also get entangled with various crimes.
So, it is best to rectify anything that could reflect negatively on you before a hiring manager runs a background check.
To see what information an employer might discover, you can perform a simple name search on Google, search public records on a people search engine, and request your credit report from one of the top credit bureaus.
Once you review what turns up, remember to address any discrepancies without delay.
Key Takeaways
Employee background screenings have become an essential prerequisite when hiring (and, sometimes, promoting and firing) in many organizations.
However, as a candidate, it is important to know that laws and regulations are protecting your privacy and the right to be treated fairly.
As per them, employees cannot carry out background screenings without your written consent.
They must also follow various other measures to maintain transparency and equity in the process.
Before you apply for a job, you should ideally familiarize yourself with your rights and the laws relating to background checks.
If you think an employer has not complied with a particular law, you can report them to the EEOC and the Federal Trade Commission.
It also pays to be more proactive in how you manage your digital data footprint.
For instance, consider the repercussions before you share personal information or views and opinions on public platforms.
Conducting regular background checks on yourself is another prudent step that could help you better prepare for career advancement.
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