Background Check: Learning From The Past
By Robert Boughner
How far can we give into someone else’s past? Should we take into account every bit of detail we get from background checks?

The importance of background screening to business is undeniable. Many businesses have made this a standard procedure in their employment processes.

Generally, there is no law against employers checking on the background of a potential employee. Background checks gives anyone access to public documents such as criminal records to employment and educational histories. Some background check services require a certain fee while some even offer their services for free. However, there is always that concern for the right of privacy which every citizen in the country is entitled to.

This growing concern has led to a debate in the University of Texas where important issues regarding background checks were discussed. Aside from issues on privacy, there is also the question of how far should we make use of background check results. A certain irrelevant record on an applicant cannot be used as basis for the dismissal of an application. And yet, businesses must be extra vigilant since they are the ones held liable for any workplace violence that may happen due to “negligent hiring”.

In the midst of these growing concerns, the government has already made a move regarding these issues by implementing several laws that will protect both parties.

The Fair Credit Reporting Act or FCRA requires business owners to ask a written consent from their employees or applicants before doing any background check. Employers who dismiss applicants or employees due to certain information revealed by the search should disclose the result and provide documents to the applicant/ employee. In this way, individuals are given the chance to contest to such actions. Aside from that, many state laws also give additional protection to the privacy of these records. Some states restrict the use of irrelevant information as a basis for hiring such as arrest records and minor convictions.

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Robert BoughnerArticle Author in Background Check Gateway