Employers can not ask you about your medical or genetic information but with a background check they can see all kinds of information about you. Including your personal history, credit history, employment history, education history, financial condition, criminal history, and more.
Background check companies are unregulated and are allowed to deal in your sensitive information. More than 90% of employers do at least a criminal history check. Most of background check companies pull together a report on when an employer or landlord buys one rather than keeping this data on hand.
While there is not government regulation of background checking companies, they must follow the law. Both background check companies and employers must follow the fair credit act in handling and reporting your information.
Background checks often have issues with:
- Mismatched people – its hard for these companies to distinguish between people with the same name or birthday
- Incomplete information
- Misleading information
- Case dismissed
- Case was expunged or sealed and still shows up
- Misclassified offense (a misdemeanor shows up as a felony)
The variety of information that is covered by these background check companies is astounding. Many routinely fail to comply with the law, and make reports of obsolete information and other information that should not be included.
An employer must have your written permission to pull your credit report. This is usually one of the forms you sign when you apply for a job. If the employer decides not to hire you, to promote you, to transfer your, or makes any other employment related decision that negatively affects you, they must provide you with a pre-adverse action letter. This letter gives you an opportunity to discuss the information and potentially avoid the adverse action. They are also required to give you a copy of your background check.
If you have lost an opportunity because of inaccurate information on a background check, we want to help. Contact us now to get started on your case.