If you are ordering a professionally done background check on someone, you’ll be digging up a lot of information, or at last the professionals you hire will be. Some of the details might not be too pleasant. Information might be uncovered that the subject of your check would rather people didn’t know—and that potential employers need to know.
That’s where a conflict arises: the subject’s right to privacy versus the employer’s right to know. And it’s where permission from the subject becomes a priority.
That leaves one important question:
Must you obtain permission from the subject of a background check before ordering one?
And one answer:
Yes, permission is needed to do either a U.S. employee background check or an international background check.
Fair Credit Reporting Act Requirements
Most of the background checks that are ordered in the U.S. fall within the purview of the Fair Credit Reporting Act. Congres spells out just how and when background checks within the law may be done.
You might be thinking, Credit? Well, I’m not lending money here, so I’m free to do as I please. It’s best to disabuse yourself of this notion—right now.
Basically, FRCA rules apply any time a background check is used for:
Employment
Credit
Insurance
The FRCA determines not only how a background check can be used, but also how the subject of the check must be informed about your plans to do one, and how that information could affect the applicant. A big part of that is that the applicant’s permission must be obtained before the check is done.
Some background check companies, including Global Backgrounds, require a signed permission form even if a check doesn’t involve one of the uses that falls under the FRCA. At Global Backgrounds, even a dating background check requires permission from the subject. Obtaining permission is not just a matter of law. It’s also an ethical necessity. It’s also important to remember that individual U.S. states may add requirements not within the federal law, but they may not eliminate any of the federal requirements or protections.
What if the job candidate refuses permission?
Let’s deal with this upfront because it’s quite simple: Any job candidate may refuse to allow a background check. There’s a significant caveat, however: The employer may refuse the application if permission for a background check is not provided.
There’s more to it, of course. The employer must tell applicants upfront and clearly in writing that to be considered for employment by the company, a background check is required—and of the consequences if they refuse. The employer must treat all candidates equally, so it’s important to state upfront—again, in writing—that a background check is required. It’s best to seek permission openly. After all, why waste time on someone who won’t allow a legal look into their past if you require it? Use the same permission form for all candidates. Applicants also must be informed that the checks will be done by third-party professionals.
Global Backgrounds allows online access to its permission forms, one for domestic checks and another for international background checks. Global makes certain that all applicants are treated equally by ensuring they receive the same form in the same way. An employer who has ordered a background check supplies Global Backgrounds with the name and email address of each subject. Global Backgrounds emails the permission form to the candidate. The candidate gives permission electronically.
The Federal Trade Commission rigorously enforces the permission requirement. The FTC goes so far as to offer a link to its site where applicants can file a complaint if an employer runs a check without permission. Remember: The FRCA exists to protect consumers, not employers. That’s where the expertise of a professional background investigator such as Global Backgrounds safeguards your company’s wellbeing and reputation.
Information To Aid Your Background Check
You may ask job candidates for certain information that will aid the background check. It’s important that an employer asks every applicant for the same information in the same way to avoid accusations of discrimination.
Employers my ask the applicant for:
Name
Address and former addresses
Social Security number
Educational information, including institutions and degrees earned
Drivers license number
Employment history, including salary, title and responsibilities
Some of that information might help you determine, after a background check, if a candidate is aggrandizing his resume. Education and past employment are common areas of exaggeration on job applications.
What the Background Check Can Include
A professionally conducted background check typically will provide information on a candidate’s:
Past employers. This will help to verify whether the applicant was employed as claimed. Employers do not typically release salary information, but they will verify dates of employment and they might release job titles.
Credit check. This check typically reveals such occurrences as a bankruptcy, foreclosure, vehicle repossession or a failure to pay legal obligations, such as a personal loan. It also reveals outstanding obligations, so you’ll know if a candidate is overextended.
Education. Institutions don’t grant carte blanche on educational details, but with permission a background check should be able to acquire years of attendance and degrees earned. If an official transcript is deemed important, an employer is allowed to require applicants to provide a transcript or a release for an investigator to acquire one.
Criminal record. Serious offenses, such as assault, rape, murder, embezzlement or theft, might disqualify an applicant. (In many states, criminal records may not be sought until after a job offer is made. Global background knows these rules.)
Civil court record. It’s not against the law to get a divorce, but three split-ups in five years may give an employer pause, as may failure to pay child support, serious visitation limitations, protection-from-abuse orders, or orders to reimburse another for damages.
Driving Record. Serious infractions—DUIs, manslaughter—will show on a criminal check. Other details on a driving record may reflect on character—32 unpaid parking tickets, for instance, or repeated speeding offenses. This might be more critical when the job involves driving company vehicles.
Creating a background Check Policy
To demonstrate that you treat applicants equally, which is paramount under the law, create a background check policy and follow it for every applicant.
To some people, a background check might seem a bit draconian. For that reason, it’s best to explain what your background investigators research and why.