Whenever a company is hiring new staff, it might require a bit more of the information regarding a potential employee. This is very important in enabling a company make informed decision. However, this is limited to certain levels. This is because employees also have rights to privacy and in case this right is violated, they are allowed to take legal action against a company. As such, a company should know what is allowed from what is prohibited before performing a pre Employment Background Screening.
What to check during a Pre Employment Background Screening
* Credit report: Most employers will check an employee’s credit report while giving them a job. However, it is important to know that employers must seek a written consent before seeking credit report of employees. In case a company or employer declines to offer employment to an employee on the basis of information contained in their credit report, then you have to let them know by providing a copy of their credit report. However, there are states, which have more stringent rules than others.
* Criminal records: Making hiring decisions on the basis of criminal records vary from one private company to another. It may also vary from one state to another. Due to this variation, a company must consult with a legal firm or do thorough research before probing an employee’s criminal record. There are various legal firms and police departments, which offer assistance to companies and businesses seeking background information regarding employees.
* Lie detector testing: Use of this while hiring employees or even when they are still in employment is prohibited by some laws of some countries. As such, the law has a list of exceptions, which have to be adhered to while performing a Pre employment background screening exercise. These apply to various companies and businesses which provide guard or alarm services, car services of armored vehicles, dispense or distribute pharmaceuticals or even those which manufacture pharmaceutical products. These tests may be seen as a violation of rights against discrimination and violation of one’s right to privacy. They are also unreliable making many businesses opt not to use them unless in e the above-mentioned exceptions.
* Medical records: Basically, what is allowed here is that the employer asks a job applicant if they can perform certain roles. However, an employer cannot ask for health record of an employee. This is aimed at protecting the disabled persons. As such, as long as an employee is able to perform the required duties without or with reasonable accommodations, an employer is not supposed to make employment decisions on the basis of their medical records.
* Bankruptcy: The issue of bankruptcy comes in as a matter of public record. As such, the law prohibits employers from discriminating employees on the basis of their bankruptcy.
* School record: There are countries, which have laws, which state that educational records are confidential, and should only be released with consent from the student. As such, it is important to know the stand of a state before trying to obtain school records of an employee without their consent.
