A background check is likely to be one of the conditions of employment for someone applying for a job in California. Various investigation methods may be employed as part of a background check. Criminal background checks are the most common. Even if an employer is looking at a certain type of information, there are some strict laws regarding how the employer can conduct and use such a check.
In this article, you will find out what it means to conduct an employment background check. Understand how a background check may discriminate.
How do Employment Background Checks work?
Employers generally look into the past of potential employees using background checks. According to the Equal Employment Opportunity Commission, employers are most likely to take into account a person’s educational background, employment history, and criminal record. Many employers may also review their financial history and current social media accounts.
With a few exceptions, an employer is able to look into pretty much any aspect of a candidate’s history. An employment background check cannot incorporate genetic or medical information due to discrimination laws.
What to do If Your Employer Discriminates While Running Background Checks?
Often, background checks are the cause of discrimination in the workplace. Additional laws and regulations govern what is allowed and not allowed during such a background check. It is illegal to discriminate based on the results of such a check.
If a potential employer conducts a background check on one employee, then it must do so on all employees. Employers must treat all employees equally to prevent discrimination.
In addition, background checks cannot result in decisions affecting only protected classes. Employers may not impose blanket policies. Federal Trade Commission regulations state that an employer cannot say it will not hire applicants with felony convictions or deny employment to applicants with criminal records, as these actions would be unfair to certain protected groups. All cases must be reviewed individually.
Exceptions must also be made by employers. The employer should give the benefit of the doubt to a person whose background contains something related to a disability.
Anyone who believes they have been discriminated against during a background check can contact the Equal Employment Opportunity Commission (EEOC).
Upon hearing that the information contained in an investigation negatively affected an employer’s decision, he/ she should receive a report of what information was contained in the investigation. An attorney at Siman Law Firm, Los Angeles, may be able to assist you if you have a problem with an employment background check.