Background checks are relevant and correlated with privacy laws. It is something one should be know especially before applying for a job.

Privacy laws protect personal lives. But there are times when it is necessary to review private data like when the person is applying for employment. Jobs that involve child care, government duties or bank positions require the employer to probe more about the person's background and current status.

In the early 1990's, there was an alarming increase in assault and damages inflicted on customers by employees. This impelled the court to make a ruling that the employer would be legally accountable for damaging incidents caused by negligent hiring. Since then, the background check and screening became more recognized and carried out conscientiously. More laws were also mandated to address the concern

An employer has a responsibility to know more about the applicant not only to protect the company but the people that the prospective employee would be dealing with. Majority of companies now require an applicant to be of good moral character and respectable nature. Privacy is an individual's right yes that remains true. But during the screening process, background checks are legal and very important especially in positions wherein taking care of children or large amount of money is involved. Management would definitely hire someone whom they feel they can trust.

However, a section of the Fair Credit Reporting Act (FCRA) stipulates that convictions over 7 years ago cannot be used as basis for denying employment. The American with Disabilities Act, (a part of the FCRA) states that if the applicant's disability has no bearing on his/her ability to perform the work requirements , then the employer is not allowed to reject said applicant based on his/her disability.

Some states allow applicants to review all information obtained by the employer. It is the applicant's discretion whether to view the reports made or not. But the law in these states cannot force an employer to hire someone they think not up to their standards. The real reason behind the refusal is more often than not confidential. Any legal backlash can be avoided by simply stating that another person, more suited for the position, was chosen.