Free Federal Guides to Performing Employment Background Checks

The Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have just released two short guides on employment background checks:

The publication for employers covers various procedures and laws that might apply when performing background checks on employees and applicants, using background information for employment purposes, and disposing background information.  The guide for employees lets them know what to expect during the background check process and alerts them to potential issues that might arise.

The two major themes of the publications are that:

  • Employers need written permission from job applicants before getting background reports about them from a company in the business of compiling background information, and
  • It is illegal to discriminate based on a person’s race, national origin, sex, religion, disability, or age (40 or older) when requesting or using background information for employment.

Also included are helpful links to more information about:

  • Preemployment medical inquiries
  • Medical inquiries during employment
  • Genetic inquiries, including family medical history
  • Using arrest and conviction records to make employment decisions
  • Whether arrest and conviction records act as an automatic bar to all employment
  • Background on the EEOC for small businesses
  • EEOC recordkeeping requirements
  • Credit reports

In today’s technology and information age, background checks are becoming more extensive and sophisticated. For that reason, both employers and employees need to be aware of their duties, and employees of their rights regarding background checks.