Making a hiring decision requires a lot more then just vetting an applicant's resume. It includes conducting background screening and sometimes even drug screening.

 

However, how much can an employer delve into an applicant's personal life? Does an employer have unfettered rights to an individual's past or is there some information that an applicant can shelter from an employer?

 

The answer to these questions can be easily gleamed from the Federal Fair Act Crediting Report and some State Acts. However, in general, there is only a certain amount of information that an employer can use for job screening.

 

Even before an employer decides to use a pre employment screening service for the job, the employer has to request consent from the applicant for conducting the background check.

 

In general an employer conducting a background check into an applicant should stick to information that is relevant to the job. For example, if the position is for a security guard, then the background check should include a criminal background check. However, if the position for which the company is hiring is a software engineer, then a pre employment criminal check may not really be essential.

 

Under federal law and some state laws, educational records including transcripts, recommendations, and financial information are confidential. So employers conducting background checks cannot access this information or use it as part o the job screening process.

 

Employers and Pre employment screening services also need to get an employee's written consent before conducting a credit check according to the Fair Credit Reporting Act.

 

However, if an employer decides not to hire a candidate because of information present in the credit report, then the employer has the responsibility to inform the client about this. The employer also has to provide the applicant with a copy of the credit report along with the name and number of the credit rating agency.

 

Under the Americans with Disabilities Act, employers may inquire about an applicant's ability to perform specific job duties but they cannot request an employee's medical records. In addition, employers cannot use the information to make a decision on hiring or promotion based on the employee's disability.

 

Job screening by conducting applicant screening is important, however, employers need to make sure that they do not infringe upon an applicant's personal freedom.