Background Checks: 5 Things Employers Find Out?
If an employer chooses to do a background check there are many different things he or she is able to investigate. Here are some of the things employers can get access to:
- Credit Reports—Employers have access to an applicant or employee’s credit information. Negative credit information appears on credit reports for seven years, and bankruptcies appear for ten years. Credit reports are available to the public, however, employers are prohibited from using an employee’s credit information to discriminate against him or her.
- Criminal Records & Arrest Records—There are certain requirements employers must meet in order to investigate criminal and arrest records. Employers are prohibited to consider criminal convictions only if it is relevant to the job. Employers are only allowed to review an employee’s arrest record if the arrest or arrests resulted in conviction or if the applicant is out of jail, but pending trial. Juvenile criminal records are off limits to employers and so are marijuana convictions that are more than two years old.
- Worker Compensation Records—The only way that employers are able to access this information upon hiring an applicant is only after making the job applicant an offer, and an employer is prohibited from rescinding the offer based off of their findings unless an injury may interfere with his or her ability to perform certain job functions that are required. In order to access this information, employers must submit a “Request for Public Records” with the California Workers’ Compensation Appeals Board and include a reason as to why they need it.
- Medical Records—There are strict requirements an employer must meet in order to have access to an applicant’s medical records. The Federal Health Information Portability and Accountability Act, and the California Confidentiality of Medical Information Act protect a person’s medical information from being viewed by others, even employers. Employers can only access and view an applicant’s medical records to inquire about his or her ability to perform certain job functions that are required.
- References—Employers have full accessibility when it comes to speaking to an applicant’s references, including past employers, friends, neighbors, co-workers, etc.
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