Background Checks

Background checks pertain to a manual or data base search to investigate the background of the person. It could range from a simple criminal check to a full investigation.  Background checks consist of the following:  criminal record search, employment verification, education verification, driving record and credit check.  A typical employment background checks usually undergo the above-mentioned processes. But for a full blown investigation, background checks usually include other more in-depth elements such as multi-jurisdictional civil searches to interviews of friends, relatives and neighbors. 

Background checks are conducted for a myriad of reasons.  Companies, for instance, conduct them to check on potential employees to see if they are fit for the position and do not have existing criminal record.  Background checks do not exactly affect the employees’ performance but these will assure the employer that the persons they are hiring are dependable enough.  In some cases, the background checks could relate directly to the person’s position. For instance, a tax consultant who is in debt and on the verge of bankruptcy is definitely a poor choice.  You could also request for a background checks to investigate your new kid’s nanny or coach.  Also, it could also be necessary if you want to get to know the past dealings of your business partner. These could be probable reasons.

If you intend to carry out background checks, you need to observe some laws and guidelines.  You should ascertain that the facts obtained are correct since these are dealing with someone’s livelihood.  One of the set of laws that you should observe is the FCRA or The Fair Credit Reporting Act.  The FCRA pertains to a set of standards that was developed by the federal government to make sure that accurate and pertinent information is used when credit decisions based on reports are made. 

Another set of laws that you should consider is the DPPA or the Drivers Privacy Protection Act.  The DPPA is a federal law that controls the way information from DMV records are released and shared.  The DPPA also regulates the way the recipient of DMV records can share information obtained with another person. Another set of federal regulations is the Gramm-Leach-Bliley Act. This act applies to employment screening.  GLBA was developed to keep information maintained by financial institutions private.  The information that a potential employer may obtained from background checks are also regulated by GLBA.  You should also adhere to state laws and guidelines when conducting background checks. The American With Disabilities Act (ADA) prohibits employers to restrict using medical or disability data in the hiring process.  ADA regulates businesses with 15 or more employees for both local and state governments. 

Should the employer refuse to hire you because of the result of background checks, a pre-adverse action disclosure that includes a copy of the report and a copy of your rights are furnished. They must let you know that they have not decided to push through with your application.  The name and address of Consumer Reporting Agency and information must be provided including the information on your right to dispute the report.