Employment Background Checks and Your Privacy

22 January 2010

Employment background checks can feel violating and embarrassing. When a blight on my friend’s credit record showed up when applying for a summer bank teller job as a college student, she told me she felt like she had ‘deadbeat’ stamped on her head. Each time her boss tossed aside a loan due to a bad credit history, she turned crimson red. She resented the invasion of privacy because, despite one errant Visa bill while backpacking around Europe, she has maintained a perfect credit record.

The bank was entitled to my friend’s credit report, after she provided the required legal written consent to perform a background check, but here is a list of what employers cannot ask for:

– School and medical records

– Details on criminal records (in some states)

– Information on spouses

– Your salary at current or previous jobs

– Bankruptcy information is public information but cannot be used in a hiring decision

The increase in background checks has resulted in a rise in discrimination complaints. According to the E-RACE initiative, information from background checks cannot be used to discriminate against a potential employee based on race or color.
For more information on employment background checks and your rights, the Privacy Rights Clearinghouse is a good source of information.

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