What are the Laws About Employment Background Checks?

As the number of people searching for jobs rises, the number of employment background checks conducted by employers rises as well. A background check provides employers with useful information relating to an individual applying for a job that those companies can use to determine if the individual is a good fit for the company.

Whether you work in the human resources department of a company or applied for a job that requires a background check, there are laws in place regarding what employers can look at and how they use the information they find.

Civil vs. Criminal Checks

Workers should keep in mind that there is a difference between a criminal background check and a civil background check. Felonies and some misdemeanors can remain on your record for a period of seven years or longer, but you may have the option of petitioning the court and asking the judge to remove those convictions. A criminal background check uses your social security number and determines if you have any arrests or convictions attached to your name. A civil background check looks only for civil issues, which can include evictions, foreclosures and even a bankruptcy.

What Employers Cannot Research

Though employers have a legal right to conduct a background check on any person applying for a job, they cannot research anything that applicants or courts may view as an act of discrimination. This can include an employer only conducting background checks on those over the age of 40 or 45 and using the information found to discredit the applicant. Employers cannot legally do a background check for the purposes of finding out information relating to an applicant’s religion, race or sexual preference. Doing so may leave the employer guilty of discriminating against a potential employee.

Using Research

According to the U.S. Equal Employment Opportunity Commission, employers cannot legally deny an application because of disability, race, nationality, sexual orientation or age discovered during a background check. If an employee files a lawsuit and the court determines that the employer rejected an applicant for any of these reasons, the employer faces high fines from the government. Employers cannot use any genetic information uncovered during the check either. Even if the applicant has a family history of cancer or another disease, employers cannot reject the application of that individual based solely on that information.

How Long Can Employers Maintain Records?

Companies that conduct background checks often do not realize that they cannot hold onto those records for an extended period of time. They can typically maintain those records for a period of one year after conducting the check or one year after hiring an individual. Companies working on federal contracts may maintain those records for an additional year. Companies are responsible for safely and securely eliminating those records to keep others from accessing the information. That is why many companies that do employment background checks shred all documents relating to the background check within a few months after hiring a new worker.

The Ultimate Recruiters Guide to LinkedIn

Background checks are a common part of the hiring process. Companies use those checks to identify any potential problems with potential employees. Though some companies conduct their own checks, others hire background researchers. Professional companies can conduct employment background checks and screenings that provide employers with everything they need to know about applicants.