Does your employer require a background check during the hiring process or when deciding whether or not to renew employee contracts? If so, know your rights and nine facts about employment background checks.
9 facts about employment background checks
- Employers can request a variety of information. Your employment history, criminal record, education, financial history, or social media usage may be reviewed during hiring. Refusing to answer questions could affect your chances of being hired.
- Potential employers cannot request medical information during interviews. They may ask certain medical questions after hiring when relevant to job performance or accommodations.
- Most employers cannot request genetic information, including family medical history, except in limited, specific circumstances where it is legally permitted.
- Employers may not discriminate based on protected characteristics such as nationality, race, gender, religion, age, or disability. They also should not ask different interview questions or make hiring decisions based on these factors.
- Employers can hire third-party companies to run background checks. In those cases, they must get your written permission first and must provide you a copy of the report if information in it prevents them from hiring or retaining you.
- You can contact a background reporting agency to correct mistakes and ask that a corrected report be forwarded to the employer.
- You can refute negative information in a background report. For example, you can provide documentation showing you can perform a job despite a disability or a past conviction.
- The Federal Trade Commission (FTC) enforces rules for consumer background reports used for employment. Contact the FTC if an employer obtains your background report without your permission.
- The Equal Employment Opportunity Commission (EEOC) enforces laws against employment discrimination. Contact the EEOC if you believe an employer asked unauthorized questions or discriminated against you in hiring or retention.
Employers and service providers that run or rely on background checks may also consider industry-specific insurance. See Background Screening Services Insurance for options that apply to screening businesses.
If you work with temporary staffing or staffing agencies, you may find relevant information at Employment Temporary Services Agencies Insurance.
For organizations using professional employer organizations or employee leasing arrangements, review PEO/Employee-Leasing/Temp Employment Insurance to understand coverage considerations.
Now that you know nine facts about background checks, you're better prepared for interviews and employment reviews. Use this information to protect your rights and, if you need personalized help, talk to an agent.
Frequently Asked Questions
Can an employer run a criminal background check without my permission?
Generally, employers must get your written permission before running a third-party background check; requirements can vary by jurisdiction and situation.
What should I do if a background report has errors?
Contact the reporting agency to dispute the errors and request corrections; you can also provide corrected information to the prospective employer.
Can an employer ask about my medical history during an interview?
No, employers should not ask medical questions during interviews; they may ask limited medical questions after hiring when relevant to job duties or accommodations.
Who enforces rules about discriminatory hiring practices?
The Equal Employment Opportunity Commission (EEOC) enforces federal laws against employment discrimination and can take complaints about unauthorized or discriminatory hiring actions.