How an Employer Should Use the Background Check Disclosure

How an Employer Should Use the Background Check Disclosure

Background check disclosure is like a basic step for the employers in modern times prior hiring a candidate. Not just prior hiring, this is followed even during decision making for promotions or foreign transfer of an employee. It depends upon the employer though, regarding the kind of information it would seek. For example, an employer may look for the candidate’s professional background, financial background, criminal background, therapeutic history, or just all of these. In fact, some even take the social media enquiries in to account.

Details An Employer Can Have:

Apart from a few sensitive details like someone’s genetic information, personal health background, etc, an employer can legally have any detail of the applicant. Or, in other words, it may ask the applicant any question based on its background check disclosure reports, under legal constraints.

Legal constraint here means the employer basically has to fulfill the federal laws well. These rules must be followed, no matter the source from which the employer gathers the details. Basically, the federal background check regulations are meant to assure the applicants or the employees of a company from any kind of discrimination.

Federal Constraints:

It is here to mention that according to federal background check laws, one can’t discriminate the candidates or employees based on their races, skin color, nationality, gender, caste, religion, etc. In fact, an employer can’t even discriminate someone for his/her age (it is applied moreover for people those are 40 years or older). At the same time, the law also restricts to discriminate the candidates because of their genetic information or family health background.

These are the rules set by Equal Employment Opportunity Commission or EEOC. There is a difference between having consumer report background check by an employer and that by a third party service provider. Employers should have it in mind that it is important to comply with Fair Credit Reporting Act or FCRA, if it goes for background check through a third party service provider.

For the knowledge of employers, it is here to mention that the FCRA laws have been enforced by the Federal Trade Commission or the FTC. It explains about the way one should meet well with federal regulations and the ones set by the FCRA. On this context, it is recommended to take a review on the state laws as well for background checks. This is important as the rules often vary from one state to the other.

Offensive Aspects to Avoid:

To sum up things, one (an employer) should have no frets regarding any kind of law if it uses the consumer report background check information in a fair way. In other words, there should be no discrimination among the applicants based on these reports. The employers should also restrict themselves from asking offensive questions as well.

For example, judging the candidature of two people based on their race or financial background is considered a case of discrimination. Quite similar is the case as well regarding genetic information of the candidates. Unless the position is sensitive from security concerns, an employer should also avoid discriminating candidates based on their criminal backgrounds.

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