When you are hiring employees, you might need Pre-Employment Background Screening on a candidate to make an informed decision. Some basic consideration that come directly from The U.S. Small Business Administration are as follows:
- Under the Fair Credit Reporting Act (FCRA), businesses must obtain an employee’s written consent before seeking an employee’s credit report.
- Employers may consider an applicant’s criminal history in making hiring decisions varies from state to state.
- The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment.
- Under the Americans with Disabilities Act, employers cannot discriminate based on a physical or mental impairment or request an employee’s medical records.
- The Federal Bankruptcy Act prohibits employers from discriminating against applicants because they have filed for bankruptcy.
- Military service records may be released only under limited circumstances, and consent is generally required.
- Under the Family Educational Rights and Privacy Act and similar state laws, educational records such as transcripts, recommendations and financial information are confidential and will not be released by the school without a student’s consent.
A good article to read and starting point to understanding pre-employment background screening is here: Conducting Employee Background Checks – Why Do It and What the Law Allows. We perform pre-employment background screening based upon what you and your prospective employee has authorized to be investigated. The criteria is based upon the waivers signed by the potential new hire provided by you the employer.