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When Background Checks Impact Employment


It is common for employers to use background checks when making an employment decision, such as whether to hire an applicant. Sometimes they are even required, especially if the job that is being filled has duties that include security clearance requirements.

The problem with prospective employers using background checks to make employment decisions is that background checks are not always reliable because they sometimes provide information that is inaccurate. Mistakes happen. Because of this, it is important to talk to a Columbus background check attorneys if you believe your rights were violated.

What Does a Background Check Provide?

An employer may run a background check for a variety of reasons, including to gather information to evaluate the employee’s background and ensure that the employee is suitable for the climate of an organization, for example.

Pre-employment searches may include the following:

  • Validity of Social Security number, which can affirm a potential hire’s identity.
  • Address is the same as the address used on a job application.
  • Credit reports including bankruptcies and financial responsibility.
  • Criminal record, including pending charges, felony convictions, dismissed charges, and more.
  • Educational information such as certifications and degrees earned.

Of course, there are jobs which will require additional screenings, too. Depending on what the duties of the job are potential employees might also need to supply their driving records and proof of education. There may also be the possibility of a drug screening and an employer checking with references before a position is offered.

It makes sense for employers to participate in pre-employment background checks. After all, it is an opportunity to go beyond personal instincts and verify information. An employer is responsible for providing a safe workspace and a bad hire can lead to personnel problems down the line. Human resource issues can be extremely expensive for companies.

A check allows an employer to go through a formal hiring process that encourages a candidate to be honest and forthcoming during the application and interview process. Candidates who have something to hide may be discouraged by participating in the hiring process of a company who uses background checks.

The Fair Credit Reporting Act (FCRA) Protects

A federal law that is in place to manage credit information of consumers, FCRA was passed in 1970. It exists to be sure that credit reporting agencies are committed to providing accurate and fair information on credit reports.

There are rules under the FCRA. An employer must let a possible employee know that a report is being requested and they must authorize the request. Then, a copy of the report and additional information must be shared. All of those things must occur prior to the potential employer making an employment decision. Contact our Columbus background check attorneys to learn more about what the legal obligations are under the FCRA.

Contact our Ohio Employment Attorneys Today

The lawyers at Coffman Legal LLC are strong and committed advocates for all Ohio workers. Contact our attorneys today to further discuss your employment claim. They can guide you through the process of securing compensation that you deserve. Call 614-949-1181 for a free and confidential consultation.


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