Photo by Arie Arifin
Your job-hunting rights before, during and after a background check.
Job applicants have the right to receive notice before a background check, consent to it, and receive a copy of the report.
If an employer decides not to hire you based on the report, they must provide you with the name of the reporting agency and your right to dispute any inaccuracies with that agency.
You also have the right to be free from discrimination in the background check process based on protected characteristics like race, religion, sex, or national origin, and states may have their own “ban the box” laws that limit when employers can ask about criminal history.
Your rights before and during the background check
Employers must get your written permission before conducting a background check. You have the right to be informed before a background check is performed.
Employers must get your written permission before conducting a background check. You have the right to be informed before a background check is performed.
Employers cannot use background check information to discriminate against you based on race, color, religion, sex, national origin, age 40 or older, disability or genetic information.
In some areas, including Oregon, employers cannot ask about criminal convictions on the initial application or before an initial interview.
You should not put sensitive information like your Social Security number or bank account details on an application or resume.
Job Hunting? Make Background Checks Work to Your Benefit
If an employer plans to deny you a job based on the background check, they must notify you first. The employer must give you the name, address, and phone number of the company that prepared the report.
You have the right to dispute any inaccurate or incomplete information in the report directly with the reporting company.
You also have the right to get an additional free copy of your report from the reporting agency within 60 days of the employer’s decision.
Sources of information
If a company plans to reject or terminate you based on a background report, they must first send you a copy of the report, the summary of federal rights, and the screening company’s contact information before making a final decision.
In order to dispute mistakes or incomplete files, you have 60 days to do it.
Under guidelines of the Equal Employment Opportunity Commission, “blanket criminal record policies that disproportionately screen out specific protected groups are illegal. Arrests without convictions generally cannot be used to deny you a job.”
The Fair Credit Reporting Act (FCRA) is a federal law. It was enacted in 1970 that promotes the accuracy, fairness, and privacy of consumer information collected by Consumer Reporting Agencies (CRAs).
If you need more specific information, your best source regarding your rights is probably an experienced employment lawyer.
From the Coach’s Corner, more job-seeking tips:
Career Advice — An Alternative to Applying for Jobs Online — As a job-hunter you know that a significant number of companies, nonprofits and public-sector agencies use an online tracking system to accept applications and screen out applicants. It cuts down on their paper work and saves them time.
Is Your Career Stalled? Turbo Charge Your Personal Brand — Perhaps you’re struggling in a job search. You’re ambitious but underemployed, or worse – unemployed. You’re not alone. Millions of professionals are trying to solve similar puzzles. The good news is that you can rebrand yourself for a rewarding career.
With a Mentor, You Won’t be Alone in Making Career Decisions — You don’t have to be alone in making career decisions. No matter what you do for a living, there’s one investment on which you can count to improve your career. Plus, it won’t cost you any money. Huh? Yes, you can get a mentor.
7 Tips to Tweet Your Way to a Great New Job – Seriously — Surprise! If you play it smart you can take advantage of the 500 million Twitter account holders to get a new job or career. Really, it’s true.
“In 20 years time you will regret the things you didn’t do much more than the things you did wrong.”
-Mark Twain
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