Can Your Employer Perform Background Checks on You?

A lot of people have gone through it.  You apply for a job, and they make you submit some information and maybe even get fingerprinted for a background check.  But why do companies even make employees do background checks?  The main reasons are so that they can provide a safe work environment while limiting their legal liability for negligent hiring.

Employees and job seekers often forget that background investigations are part of a job hiring process. It is legal for your employer to inquire about your background before making an employment offer; however, their background check policies and procedures must comply with Fair Credit Reporting Act (FCRA) and Ohio employment laws. These laws restrict how employers gather and use the worker’s information obtained.

Non-compliance with employment background check laws can result in legal liability, stiff fines, and penalties. If you suspect your employer has violated your rights under the law, you can sue for damages. However, FCRA violation cases are not easy to win without legal representation — and speaking with lawyers with in-depth knowledge of Ohio employment law is best.

An Ohio Employment Lawyer Explains Background Checks

Background checks are the principal ways employers verify information about a potential employee’s history. This helps them make informed decisions about who to hire. Employers must obtain consent before running a background check. You have the right to refuse this process, but you may not get the job.

Background check information is derived from other sources than the applicants themselves. For example, the US Department of Health & Human Services Office of the Inspector General has an exclusion database.

This database includes people excluded from working in health care due to committing certain health care crimes. Because of this it’s not unusual for employers in the health care sector to complete an Office of the Inspector General (OIG) background check before hiring you.

While it is legal to carry out these investigations, certain restrictions apply. For example, employers cannot ask you about your medical and genetic information. In addition, they are prohibited from using the information obtained to deny you equal employment opportunities.

Depending on the type of background check performed, an employment screening can include:

• Contacting your past employers and supervisors for employment verification
• Checking your credit history, criminal record, driving record, medical or school records, etc.
• Verifying your educational background and professional credentials
• Conducting pre-employment drug tests
• Reference checks
• Checking the registered sex offenders list, etc.

Reasons Why Employers Conduct Background Checks on Their Employees

According to the Professional Background Screening Association (PBSA) survey, 96% of employers conduct employment background screening on their employees. There are several reasons why employers conduct employment background checks. They include:

• To avoid harm or legal liabilities arising from an employee’s actions
• To verify the information provided by employees
• Protect the safety of employees and customers
• To mitigate the risk of hiring the wrong candidate
•  To protect the company’s assets and reputation
• To hire the best and most trustworthy talent, etc.

Can My Employer Use the Information From My Background Check to Discriminate Against Me?

According to the U.S. Equal Employment Opportunity Commission (EEOC), it is illegal to discriminate against an employee based on the following factors:

• Race
• Disability
• Religion
• Age (40 years or older)
• National origin
• Sex (including pregnancy, sexual orientation, and gender identity)
• Genetic information, etc.

It is illegal to retaliate against an employee for laying a complaint or filing a lawsuit for employment discrimination. However, if your employer’s use of the information obtained from the background check led to discrimination based on a protected class, you can file a complaint.

You also have the right to dispute any information on the report that is inaccurate or incomplete. This is why it is essential to know your rights as an employee. An Ohio employment lawyer can help you protect your rights.

Federal Law on Employment Background Checks

Background checks are a common employment practice in Ohio. However, as an employee, you must understand and protect your rights. In addition, Ohio business owners must comply with the laws governing this process.

As mentioned earlier, a background check is regulated by the Fair Credit Reporting Act (FCRA), which protects the information of the applicant undergoing the screening. In addition, the FCRA controls how data for background checks should be obtained and used.

Failure to comply with these laws attracts stiff penalties. Under the law, a Credit Reporting Agency (CRA) is prohibited from divulging specific information obtained by them to an employer. These includes:

• Reporting information of an employee that is seven or more years old
• Reporting arrests not leading to convictions, civil judgments, liens, or bankruptcies at least seven years old.

Ohio state laws prohibit employers from inquiring about your criminal history during the early stages of the hiring process.

Worker’s Rights and Employer’s Legal Obligations Under the Fair Credit Reporting Act

Employment background laws protect the privacy of employees’ information. Therefore, to ensure compliance with the law, employers are legally obligated to:

•  Inform you that they will conduct a background check
• Tell you what the background check will entail, such as financial records, criminal history, etc.
• Get your written consent to perform the background check
• Provide you a copy of the “Summary of Your Consumer Rights Under the Fair Credit Reporting Act”
• Explain how to obtain a copy of the background check report on which the employment decision is based
• Provide you with the contact information of the reporting agency

Upon obtaining the report, you have the right to review the report and correct any inaccurate information. In addition, you have the right to appeal an employer’s decision if you believe it is unfair.

Let an Ohio Employment Lawyer Help Protect Your Rights

An employer has a legal right to conduct background checks on you, but they must comply with federal and state laws. You are entitled to damages if an employer obtained your background report without your consent.

Further, if you are denied employment without an explanation of what information influenced the decision, you can assert your rights. However, the legal process is not easy to navigate by yourself. At Hux Law Firm, we can help protect your rights and get maximum compensation. Schedule a free consultation with an Ohio employment lawyer today!