A Guide to Performing Pre-Employment Background Checks in the USA

Over recent years it has become more and more usual for companies to perform background checks on potential employees. It is clear why companies need and want to do this, but what can they check, how do they check it and what restrictions are there?

When hiring it is a good idea to have as much information available as possible about candidates in order to ensure that the right decision is made. There are limits on checks that can be made as employees do have privacy rights. Potential employees will sign consent forms but companies must be sure that they do not violate a person's rights. There have been cases where employers have been taken to court on privacy issues so they need to be sure of what they can and can't do.

A company needs to have a clear strategy in place for ensuring not only the rigour of the background checks they perform, but also the legality of them. Even if a company is subcontracting to one of the many companies that provide background check services they should still have a clear understanding of the restrictions themselves. As the employer, they will be responsible for any mistakes.

For education records written consent of the individual is always required. In the case of credit reports carried out in the USA employers must also obtain written consent from the individual concerned. Employers should consult the Fair Credit Reporting Act for full details. One of the key things to be aware of here is that a copy must be provided to anyone who is not employed based on information derived from it.

Background checks concerning criminal record scan be more complicated. The law on this varies from state to state so it is important to check how it works in your area. In some cases the law will require you to do a criminal background check while in other cases it will be unlawful to allow a person's criminal past to be a barrier to their future employment. As said an employer needs to ensure they are very clear on the specific situation for their state.

The FBI has a number of online services available for businesses that can help. The information they provide includes clarification of when to carry out checks, what checks can be made and the correct procedures to follow.

In terms of financial records there are a few things to be careful of. Although for example it is easy to see records of any bankruptcy it is illegal to use this information to discriminate against someone.

Other checks that have restrictions to be aware of include medical checks. The Americans with Disabilities Act clearly states, for example, that if a person is able to do the job an employer is not allowed to make a decision against them based on their disability. In contrast to this in many cases it is legal to use information that clearly shows a person would not be able to complete the necessary elements of a job because of illness or injury.

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