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How to Legally Conduct Employment Background Checks

By Edited Aug 27, 2015 0 0

The hiring process is like crossing a tunnel. At first you must select which path to take, decide to cross the available tunnel or not, and take a deep faith on seeing a bright end.

Candidates appear as promising and qualified that an untrained human resource manager cannot easily distinguish disguises. One of the solutions to unravel weaknesses is to conduct a background check. This makes crossing a tunnel a little bit more secure.

However, conducting a background check has its limitations. The law prohibits conducting searches that invades the privacy rights of a person. You cannot ask personal questions that are unrelated to the job roles that the applicant may perform. There is also a line between interview and invasion.

To help you assess how close you are to invasion of privacy rights, consider the following:

1. Be cautious of confidential questions. High school and college grades are considered confidential, so with past medical records, and financial accounts.

2. Do not ask about criminal record unless it is related to job duties such as security guard, military service, or detective.

3. Stick to questions directly related to job qualification and responsibilities.

4. Ask for permission. Initiate a written consent for you to conduct background check. Specify what information you are seeking, how you will conduct it, and the time limit. This will save you from possible complaints in the future.

It will also constraint applicants from hiding essential information. If the applicant refuses to cooperate with reasonable and justified inquiries, the human resource manager may legally refuse to give employment opportunity.

5. Avoid unnecessary details. Do not inquire on credit checks and in-depth public records when hiring a clerk.

Privacy rights rules

1. School rules- Federal and state laws prohibit the unwarranted release of transcript of records and other school files. School officials will only release information upon consent of the student. All educational data are considered confidential.

2. Credit records- The Fair Credit Reporting Act (FCRA) stipulates that employers seek written permission before searching on employee's credit files. Employer may prepare for future investigation by including in the pre-employment terms that the employer

may conduct reasonable search on relevant employment-related matters.

Should the employer decide not to promote the employee based on the credit report, he or she must be given a chance to challenge such data. States often monitor abuse on credit reports.

3. Bankruptcy - Federal law prohibits discrimination on the basis of history of bankruptcy.

Consult with an Employment Litigation attorney in Los Angeles and learn more on how to legally conduct Employment Background Checks.

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