Can an employer perform background checks on applicants without violating their privacy?
Employers often perform extensive background checks, especially on applicants for high-level or highly sensitive positions. Although a release, usually included on the job application, is not necessary in many circumstances, it is recommended for many types of background checks. The most common kinds include checking references, prior employers, credit, consumer reports, and public records. Obtaining consent and releases from the applicant for background checks is a good way for companies to avoid liability in the application process. Employers should take into consideration the Fair Credit Reporting Act (FCRA) when conducting a credit check. Although this law is better known for its impact on retail sales and credit cards, it also deals with background investigations of employment applicants. In addition, the Americans with Disabilities Act prohibits pre-employment medical inquiries, and undertaking background checks to obtain information otherwise impermissible under the law. For exa
