Pre-employment background checks make many job seekers nervous. A lot of those looking for work aren’t aware of exactly and employer can and cannot hold against them. Some worry about mistakes from their past effecting the ability to for a new jobs. Knowing the laws that govern background checks can make the whole process a lot less nerve racking. The following rules do not apply for positions that have salaries over $75,000 a year.
According to the Fair Credit Reporting Act (FCRA), employers can investigate an applicant’s financial past and view bankruptcy records. Although hiring managers are allowed to look at this information during a background check, it is illegal discriminate against someone for this reason. Still, if an employer can see these records, then their opinion may be affected. Thankfully, the FCRA forbids an employer from viewing bankruptcies that occurred more than 10 years ago. This means that those who made financial mistakes when they were younger, but latter learned how to handle money, don’t have to worry about employers finding out.
Employers are also allowed to view an applicant’s history of participation in civil suits and see if the person in question has been arrested. According to the FCRA, this information is only able to include if it occurred in the last seven years. If the suit or arrest happened eight years ago or more, then these fact cannot be included in a background check. Other information that is not accessible after seven years includes paid tax liens, accounts placed for collection and other negative records (excluding criminal convictions)
Job seekers that are concerned about having to undergo a background check should take a proactive approach. These individuals should consider getting their hands on a copy of their own records. This will help them know if there are any inaccuracies that need to be correct or if they need to be prepared to explain an issue to a hiring manager.
Tags: background checks