Are you running background checks or have you recently had your background check done and you’re curious about what the laws are? You may be surprised to learn that there are no background check laws, per se, but there are some laws and precautions that you should be aware of. While there are not background check laws, there are some privacy laws that will prevent employers or landlords from getting and using certain information against you. It is good to know what these laws are so that you use background checks appropriately or you make sure that you are not discriminated against if you have one done on you.
Laws that Apply to Background Checks
First, you should know that there are laws that prohibit educational records from being released unless the student gives permission for this to be done. What this means is that an employer cannot use any educational records to discriminate against an employment candidate. Educational information is considered private and privileged and can only be used in a background check if there is explicit agreement by the applicant.
It’s also important to know that bankruptcies cannot be used to discriminate against a person for any reason when doing a background check. This information is often included on a background check because it is public record, but it cannot be used to keep someone from getting a job or renting a house.
While there are not background check laws, there are laws that prevent people who are disabled or who have health problems from being looked down upon or being discriminated against. When you run a background check you may see through a credit check or through different things that a person has a lot of medical issues or is affiliated with medical programs, but this cannot be used to determine eligibility. A persons disability should not be considered when doing a background check.
Background check laws, when they are made, will go hand in hand with credit laws. When you run a background check you may get a lot of credit information on the person. Credit laws have determined that one’s credit cannot keep them from doing what they need to do, so if you run a background check on someone you cannot choose to disqualify for them based on their poor credit alone.
As you can see, while there are not background check laws, there are other laws and rules that also affect how one would use a background check. Being aware of these laws can help you make sure that you are not discriminated against or that you do not use information illegally while doing a background check. If you are unsure, you should take caution, as it is always better to err on the side of caution in matters such as these.
