Laws on Background Check
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You may be wondering whether a criminal background check is a violation of privacy or not. Learning laws on background check can help you find out what is in store if you are an employer, a lender, a homeowner or simply just someone who wants to do a quick search.
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There are no specific laws on criminal background check but the Fair Credit Reporting Act (FCRA) imposes confidentiality, relevance of information, accuracy of searches and utilization of reports issued by consumer reporting agencies. This is very important for every employer who wants to do an employment background check.
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Here are some pertinent laws on background check:
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• According to a provision of the Bankruptcy Act, it is unlawful for any employer to discriminate employees because of bankruptcy or any debt prior to filing bankruptcy.
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• There are federal discrimination laws regarding employer’s unfair treatment by using bad credit reports in discriminating low income minorities, persons with disabilities and single mothers. Everyone must have a chance for fair treatment in any application for employment regardless of his status.
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• There are state laws that promote civil rights and implement credit heck laws against background checks. These laws may impose a limit to the type of information that is disclosed to employers pertaining to a particular employee.
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• There are also laws on background check regarding an employer securing a written permission from an applicant or an employee before conducting a background check. Disclosing personal and financial information must also be done after issuing such approval from an employee.
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• Aside from laws on background check that protect employees, there are also laws pertaining to protecting an employer from defamation lawsuits. It is common for employers to record an employee’s work status especially when he is discharged from work. All employment related questions and facts must be answered and recorded for future employment background checks.
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• In some states, there are laws regarding background checks to protect employers and allow them to speak candidly and record any employment and personal information about a particular employee.
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• There are also state background check laws pertaining to writing service letters regarding protection of both employer and employees; this ensures that neither changes their stories or accounts of discharge. This includes work history, compensation, benefits from the company and of course reasons pertaining to employee discharge.
There may be many other laws for background check that may differ from one state to another or even from one country to another. Primary reason for such laws are protecting an individual from any undue harm and also ensuring that there is fair treatment among parties. It is important for any employer or employee to be aware of these laws to prevent overstepping their boundaries in employment.
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If you think that you are a victim of unfair treatment and a background check have caused you to be treated unfairly in an application for employment then seek legal advice to determine if you need to take legal action.
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Posted in Criminal Background Records, General
