To find out more about federal antidiscrimination laws, visit www. The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex including pregnancy , national origin, age 40 or older , disability, or genetic information. The EEOC investigates, conciliates, and mediates charges of employment discrimination, and also files lawsuits in the public interest. For specific information on:. To find out more about federal laws relating to background reports, visit www.
For specific information on employment background reports, see:.
The FTC works to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to businesses to help them comply with the law. Skip top navigation Skip to content. Background Checks What Employers Need to Know A joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission When making personnel decisions - including hiring, retention, promotion, and reassignment - employers sometimes want to consider the backgrounds of applicants and employees.
FTC If you get background information for example, a credit or criminal background report from a company in the business of compiling background information , there are additional procedures the FCRA requires beforehand: Tell the applicant or employee you might use the information for decisions about his or her employment. This notice must be in writing and in a stand-alone format.
The notice can't be in an employment application. You can include some minor additional information in the notice like a brief description of the nature of consumer reports , but only if it doesn't confuse or detract from the notice. If you are asking a company to provide an "investigative report" - a report based on personal interviews concerning a person's character, general reputation, personal characteristics, and lifestyle - you must also tell the applicant or employee of his or her right to a description of the nature and scope of the investigation.
Get the applicant's or employee's written permission to do the background check. This can be part of the document you use to notify the person that you will get the report. If you want the authorization to allow you to get background reports throughout the person's employment, make sure you say so clearly and conspicuously.
Certify to the company from which you are getting the report that you: notified the applicant and got their permission to get a background report; complied with all of the FCRA requirements; and won't discriminate against the applicant or employee, or otherwise misuse the information in violation of federal or state equal opportunity laws or regulations.
Using Background Information EEOC Any background information you receive from any source must not be used to discriminate in violation of federal law.
This means that you should: Apply the same standards to everyone, regardless of their race, national origin, color, sex, religion, disability, genetic information including family medical history , or age 40 or older. For example, if you don't reject applicants of one ethnicity with certain financial histories or criminal records, you can't reject applicants of other ethnicities because they have the same or similar financial histories or criminal records.
Take special care when basing employment decisions on background problems that may be more common among people of a certain race, color, national origin, sex, or religion; among people who have a disability; or among people age 40 or older. For example, employers should not use a policy or practice that excludes people with certain criminal records if the policy or practice significantly disadvantages individuals of a particular race, national origin, or another protected characteristic, and does not accurately predict who will be a responsible, reliable, or safe employee.
In legal terms, the policy or practice has a "disparate impact" and is not "job related and consistent with business necessity.
For example, if you are inclined not to hire a person because of a problem caused by a disability, you should allow the person to demonstrate his or her ability to do the job - despite the negative background information - unless doing so would cause significant financial or operational difficulty. FTC When taking an adverse action for example, not hiring an applicant or firing an employee based on background information obtained through a company in the business of compiling background information, the FCRA has additional requirements: Before you take an adverse employment action, you must give the applicant or employee: a notice that includes a copy of the consumer report you relied on to make your decision; and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act," which you should have received from the company that sold you the report.
After you take an adverse employment action, you must tell the applicant or employee orally, in writing, or electronically : that he or she was rejected because of information in the report; the name, address, and phone number of the company that sold the report; that the company selling the report didn't make the hiring decision, and can't give specific reasons for it; and that he or she has a right to dispute the accuracy or completeness of the report, and to get an additional free report from the reporting company within 60 days.
Disposing of Background Information EEOC Any personnel or employment records you make or keep including all application forms, regardless of whether the applicant was hired, and other records related to hiring must be preserved for one year after the records were made, or after a personnel action was taken, whichever comes later. FTC Once you've satisfied all applicable recordkeeping requirements, you may dispose of any background reports you received.
Similar to WhitePages, ZabaSearch offers a fairly good index of people. View address history, relatives, past and present places of work, and schools attended. Though this website is made for creating family trees, the free information that they offer can give you an insight into the person you are researching.
The site offers billions of historical records including census records, birth records, death records, marriage and divorce records, living people records, and military records. Criminal background searches are often some of the most revealing and most warranted. The same goes for that babysitter you just hired for the weekends and that electrician working in your home.
Adding to the concerns about the safety of your personal information is the dramatic rate of data breaches in The depth and breadth of information returned will often make the difference between success and failure in a variety of relationships. For example, a mortgage is a consensual lien between you and a bank. In these instances, some services use a court runner service, which sends a person to the courthouse to physically pull the public files. Companies that fail to use an FCRA compliant company may face legal issues due to the complexity of the law.
Family Watchdog is a free website that helps locate registered sex offenders in your area. The website gives information about the offender including their basic information, addresses, charges, markings, and aliases. Needless to say, the internet has made access to public records a lot easier. The site is free and easy to use but merely serves as a gateway to other public records sites.
The site serves as a direct portal to official county and state record databases and even carries out criminal background checks for a small fee. We all know your credit can make or break your financial desires. Most credit report websites offer reports for a small fee, or even free depending on your situation. Innovis is one of the more trustworthy credit report sites. You are legally entitled to receive one free credit report every 12 months from each of the large, nationwide consumer reporting companies, including TransUnion, Experian, and Equifax.
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