In the raging controversy over public and private information, employees need to develop a clear understanding of what information an employer has access to through background checks.
According to the Federal Fair Credit Reporting Act, which every employer has to approach before conducting any background check services, employee background checks cannot include details of bankruptcies after 10 years.
Similarly an employment background check can also not report details of civil suits, civil judgments, and records of arrest, from date of entry, after seven years. In addition, paid tax liens and accounts placed for collection cannot be put on the record after seven years.
An employer requesting a pre employment screening test has to check with the State department on the details that can be used for job screening purposes. These details differ from state to state.
Details of arrests are information that employers cannot typically try and find as part of the job screening process. Although arrest record information is public record, in California and some other states employers cannot seek from any source the arrest record of a potential employee. However, if the arrest resulted in a conviction, or if the applicant is out of jail but pending trial, that the information can be used as part of the job screening process.
Pre employment screening cannot also use detail of bankruptcies to discriminate against applicants. However, most employers will be able to see details of a bankruptcy when they run a background check on an applicant. Bankruptcies appear on an applicant's credit report for seven years.
In California, criminal histories or "rap sheets" compiled by law enforcement agencies are not public record. Therefore, individuals cannot use these records as part of the job screening process.
Employers also need to exercise caution when conducting criminal background checks. The information obtained through websites may not always be accurate, so an employer needs to be really careful when conducting a criminal background check.
In addition, employers also can't use all the information from drug testing reports. In California, an employer may not inquire about a marijuana conviction that is more than two years old.
There are other questions such as age, marital status, and certain psychological tests that employers cannot use as part of the hiring screening process. For more information on that, employers should look at Equal Opportunity Employment guidelines on State webpages.
