Employment screenings have become the norm in many industries, including government work, childcare and education, banking and other finance-related fields and security. Employers use screenings to verify that candidates have been forthcoming about information shared on job applications, and to weed out applicants with less-than-desirable backgrounds. While employers can legally access a surprising amount of personal information in some instances, you maintain certain rights throughout the screening process. Knowing your rights in employment screenings can help you ensure that employer processes for background checks are fair and legal.
Notification
Employers must notify you when they plan to complete employment screenings and obtain your permission. On some applications, this may be as simple as checking a box indicating consent for potential employers to contact previous employers. Some employment screenings will ask you to complete a separate form indicating consent to a background check or screening.
Permitted
Signing consent forms releases your right to privacy for a long list of sensitive information that employers may access during the employment screening process. Employers may access driving records, credit history records and criminal history records. They may verify your Social Security number, talk with neighbors, and obtain medical records. Military records and driving records may also be accessed. Employment screenings may involve talking with your personal references and past employers. Past employers must respect your right to look for work by responding truthfully; dishonest or misleading information is prohibited. You may be required to complete a fingerprint scan, drug test or medical exam.
Exclusions
You maintain the right to privacy on some aspects of employment screenings. Bankruptcies from over 10 years ago can't appear on your credit report in most cases. Employers may not use evidence of bankruptcy as a reason for not hiring. Collections, tax liens and civil suits can't appear on your credit report after seven years. Potential employers may not be able to access public arrests records not resulting in convictions. Keep in mind that some employers get around these exclusions to records access by asking you if you've "ever" been arrested; this isn't considered a violation of your rights to confidentiality.
Information Sharing
Job applicants have the right to know when potential employers have received negative information during the employment screening process. You must receive a copy of the report and information on your right to dispute and correct the findings if they're incomplete or inaccurate.
Being Proactive
Potential employees can take steps to be proactive during the employment screening process to avoid negative findings. Be completely honest on job applications so that potential employers don't learn that you've fudged dates or salary history. Run your own credit check to identify potential problem areas. If you're concerned about what past employers might say, call human resources and ask about the information in your file. Knowing can help you prepare for possible damage control during the interview process.
Tags: screening process, during employment, during employment screening, employment screening, employment screening process, employment screenings, potential employers
