Employers are allowed to and often will ask potential new employees about their backgrounds. Acceptable areas of inquiry include your employment history, your education, your criminal record, your financial history, your medical history, or your use of online social media. Employers can also request that you get a background check for employment. Employers are not, however, allowed to ask for medical information until they offer you a job. Only in very rare circumstances are employers allowed to ask for your genetic information, such as family medical history. An employer’s right to ask about your background is limited by a requirement that the employer cannot treat certain classes of people differently. Employers are required to treat you the same as they treat anyone else, regardless of your race, national origin, color, sex, religion, disability, genetic information, or older age (40 or older). The laws that provide these protections include Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., the Americans with Disabilities Act of 1990, as amended (“ADA”), and the Age Discrimination in Employment Act of 1967. Often, employers will hire outside companies for them to run background checks for employment. Prior to running a background check an employer must request and receive written permission to run the background check. If an employer runs a background check on you without written permission you should contact the Federal Trade Commission. If a potential employer thinks it is going to reject your application due to information in a report it must give you a copy of the report and a “notice of rights” that tells you how to contact the company that made the report. This allows potential employees the opportunity to correct any information that may be false or misleading in their reports. If your background contains negative information, be prepared to explain to the potential employer why you are still qualified. If your employer determines there is a problem caused by a medical condition you may be able to show you can still perform the duties of the job in spite of the condition. You also may be able to request a reasonable accommodation under the ADA. It is important to remember that when gathering background information an employer must treat everyone equally. This applies both to the questions they can ask and the way they use the information they learn. For instance, it would be legal for an employer to ask every potential employee if they were ever arrested. However, it would be illegal for the employer to then not hire all females with a criminal record. If you believe an employer may have discriminated against you based on information gathered in a background check you can contact the Equal Employment Opportunity Commission for assistance. You can also contact the attorneys at Lebau & Neuworth. We are experienced in handling cases involving discrimination in the workplace. For more information go to: http://lebauneuworth.com/.
