Some employers check into your background before deciding whether to hire you or keep you on the job. When they do a background check, you have legal rights under federal law. Depending on where you live, your city or state may offer additional protections. It’s important to know whom to contact if you think an employer has broken the law related to background checks. Every state is different so check with the state you live in.
An employer may ask you for all sorts of information about your background, especially during the hiring process. For example, some employers may ask about your employment history, your education, your criminal record, your financial history, your medical history, or your use of online social media.
It’s legal for employers to ask questions about your background or to require a background check — with certain exceptions. They’re not permitted to ask you for medical information until they offer you a job, and they’re not allowed to ask for your genetic information, including your family medical history, except in limited circumstances.
When an employer asks about your background, they must treat you the same as anyone else, regardless of your race, national origin, color, sex, religion, disability, genetic information (including family medical history), or age, if you’re 40 or older. An employer isn’t allowed to ask for extra background information because you are, say, of a certain race or ethnicity.
Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. Federal law does not prohibit employers from asking about your criminal history. But, federal EEO laws do prohibit employers from discriminating when they use criminal history information. Using criminal history information to make employment decisions may violate Title VII of the Civil Rights Act of 1964, as amended (Title VII).
1. Title VII prohibits employers from treating people with similar criminal records differently because of their
race, national origin, or another Title VII-protected characteristic (which includes color, sex, and religion).
2. Title VII prohibits employers from using policies or practices that screen individuals based on criminal history
* They significantly disadvantage Title VII-protected individuals such as African Americans and Hispanics; AND
* They do not help the employer accurately decide if the person is likely to be a responsible, reliable, or safe employee.
The fact that an individual was arrested is not proof that he engaged in criminal conduct. Therefore, an individual's arrest record standing alone may not be used by an employer to take a negative employment action (e.g., not hiring, firing or suspending an applicant or employee). However, an arrest may trigger an inquiry into whether the conduct underlying the arrest justifies such action.
In contrast, a conviction record will usually be sufficient to demonstrate that a person engaged in particular criminal conduct. In certain circumstances, however, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision.
Several states' laws limit employers' use of arrest and conviction records to make employment decisions. These laws may prohibit employers from asking about arrest records or require employers to wait until late in the hiring process to ask about conviction records. If you have questions about these kinds of laws, you should contact your state fair employment agency for more information.
Are you in desperate need of finding the perfect nanny? Ariel is here to assist you in finding a great match for your family. Unlike other background check sites, we go the extra mile to personalize all data found in a background check and verify that the information you are given is not only up to date but also accurate. If available, we also check sitter online reviews social media sites, interview their references both professional and personal, and can even have our hiring manager sit in person with you while you search for the optimal match.
All nanny background checks include (but are not limited to): name, address, SSN, and date of birth verification; bankruptcies, liens, judgments, properties, corporate affiliations, driver’s license information, vehicle information, criminal history, traffic information, motor vehicles, accidents, and witness testimony statements from family or neighbors or previous employers.
Why Performing a Nanny Background Investigation is Imperative? It seems to go without saying trusting someone with your child day in and day out requires deeper knowledge about the individual than say, just a neighborhood babysitter. However, when it comes to hiring a nanny, so many parents are squeamish about the process. Gauge their Temperament and Honesty. If the prospective nanny balks at the idea of a babysitter background check, you should take that as a sign that they might have something to hide. What’s more, if they argue with you about the simple request, they may even have a short temper which is less than ideal for your child.
Reduce Your Liability. Let’s say you unknowingly hire a convicted felon or illegal alien to care for your child. Then, that nanny takes your child to a public park and plays with other children. Suppose one of the other children is harmed somehow. You could potentially find yourself liable. A credit check on a prospective nanny could reveal a willingness to steal. Bankruptcies, delinquencies, and charge-offs are all signs that a nanny might feel entitled to more money than they have – and that they may have a willingness to steal from you.
A background check will investigate an individuals’ background based on criteria determined by their prospective or current employer.
The background may include employment, education, criminal records, credit history, motor vehicle, and license record checks. Each type of check will reveal different information pertinent to that check.
An individual should get clarification from the organization requesting the background check in order to understand what specific searches are being requested.
Wouldn’t you want to know if your neighbor or an individual close to you had a criminal history tied to robbery or grand theft auto? With a background check, you can. A background check will help you confirm or disprove.