The Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) recently provided tips on the use of employment background checks. Earlier this month both agencies co-published two documents explaining how the agencies respective laws apply to background checks conducted for employment purposes. One document is intended for employers and the other is for job applicants and employees. This marks the first time both agencies have partnered to develop resources addressing concerns in this key area.

Some of the key points addressed were the need for written permission from job applicants prior to requesting a background report from a Credit Reporting Agency as well as affirming that employers may not discriminate against a job applicant or employee based on their race, color, national origin, sex, religion, age (40 or older), disability, or genetic information, including family medical history, when requesting or utilizing background information for employment purposes. The documents also explain that employers are well within their rights to screen employees for potential job openings, as long as the employer does not unlawfully discriminate.

 

You can read both documents here:

Background Checks: What Employers Need to Know

Background Checks: What Job Applicants and Employees Should Know

We encourage employers to review their employment application and hiring practices to ensure they are complying with these new laws.

 

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