If you are responsible for hiring in your company, you may have noticed that the resumes of some potential employees are sparkling. They may not give you all the facts, however. You often will want to learn more about candidates for jobs in your company, so that you can make well-informed decisions.
Checking Criminal Records
It is certainly understandable for you to want to know about the past of a job applicant, and this includes his criminal record. The extent to which this can be considered in the hiring process does vary from one state to the next. Investigate your state’s laws before you explore the possibility of an applicant’s criminal past.
Federal law does not prohibit businesses from asking honesty questions of job applicants. However, this may violate laws on both government levels that protect applicants against violations of their privacy and discrimination, states the Small Business Administration.
Checking Credit Reports
The Fair Credit Reporting Act (FRCA) states that you must obtain an applicant’s signature and consent before you seek his credit report. If your decision not to hire or to promote someone is based on information you discover in his credit report, you must give the applicant a copy of his report and let him know that he can challenge that report, based on the rules of the FRCA.
A bankruptcy is on the public record, so it usually appears on an applicant’s credit report. You may not discriminate against any applicant because they, at some time, filed for chapter 7 or 13 bankruptcy, according to the Federal Bankruptcy Act.
Checking Medical Records
You may not discriminate against an applicant based on mental or physical impairment or request his medical records, or those of an employee. This is prohibited by the Americans with Disabilities Act. You can inquire whether an applicant is able to perform the specific duties of the job for which they are applying, however.
Can You Check School Records?
Educational records, including recommendations, transcripts and any financial information regarding education are strictly confidential. They are not released by a school unless the student grants his consent. This is mandated under the Family Educational Rights and Privacy Act. Some states have similar laws, as well.
Checking Workers’ Compensation Records
Workers’ compensation appeals can be found in public records. Information from these appeals can be used when you make your hiring decisions, if the injury that the applicant sustained would interfere with his physical or mental ability to do the duties required of the job.
Can Military Service Be Considered?
There are only limited circumstances under which military service records are allowed to be released. The applicant must usually consent to their release. The military may disclose an applicant’s name, rank, duty assignments, salary, duty status and awards without the consent of the service member.
FBI Employment and Licensing Criminal History Checks
The FBI can exchange information from a person’s criminal history with local and state government officials for employment or licensing. This includes positions that are categorized as volunteers, if the release is approved by the United States Attorney General.
If an applicant provides information from his own criminal record, then governmental employing or licensing agencies may refuse the information, since it could have been altered by the subject. The records that were provided to the subject himself for his own review may not contain data or arrest records maintained at the state, not federal, level. If you have questions, contact the state bureau to determine the correct procedures that must be followed.
To vet the information from an employment application, contact an investigative service. They will speak with previous employers and conduct background checks for you. They will also help you by conducting pre-hire background checks, to screen for the applicants to whom you will wish to speak.