Background checks ... and balances

A background check can be valuable tool for an employer who is considering applicants for a particular job. But, it can be a make-or-break situation for applicants.

There are a number of pitfalls to consider when responding to background questions or giving approval for a check to be done. Not only are there certain questions that, by law, may not be asked, but it also is beneficial to understand why an employer feels that a background check is a necessity.

According to the Privacy Rights Clearinghouse, there are a number of reasons that employers should use background checks to protect themselves. The possibility of terrorist acts or other harmful actions committed by employees has resulted in increased measures to guard against lawsuits or governmental censure.

A recent example was the more than $150,000 fine given G4S Secure Solutions, that hired the Pulse nightclub shooter, Omar Mateen, as a security guard.

The rise in instances of false information - or exaggerated information - given by job applicants has made employers leery of trusting anyone's word without independent verification. The availability of information from industry databases has lowered the cost of background checks tremendously, making them well worth the money spent on them.

Federal and state laws require background checks for many occupations, including those involving work with children, the elderly or disabled. Also, many state and federal jobs themselves require a background check, while others require an extensive investigation for a security clearance.

The necessity for employers to conduct checks is fairly obvious, but the Federal Trade Commission Consumer Information website says that job applicants have rights, as well.

"It's legal for employers to ask questions about your background ... [but] they're not permitted to ask you for medical information until they offer you a job, and they're not allowed to ask for your genetic information, including your family medical history, except in limited circumstances," the website states.

a Additionally, a prospective employer isn't allowed to treat you differently from other applicants and ask for extra background information because you are, for instance, over 40 years old or of a certain race, sex or ethnicity.

If you are asked such inappropriate questions, contact the Equal Employment Opportunity Commission (EEOC).

But, what if you do have something negative in your history, or even a criminal record - does it mean you can never get a job? Not necessarily.

The EEOC says that a person cannot be denied employment based on a criminal record alone, rather the decision must be based on a "business necessity," which requires consideration of the gravity of the offense, the time that has passed since the conviction, and the nature of the job sought.

In addition, EEOC laws still apply, whether or not a third-party screening company is used.

The laws surrounding background checks and workplace discrimination are many, so prepare yourself with as much information as you can, prior to your interview.

More information can be found at www.eeoc.gov/employees/index.cfm, www.eeoc.gov/eeoc/publications/background_checks_employees.cfm and www.consumer.ftc.gov/articles/0157-employment-background-checks.