Submitting to a Background Check

In many lines of work, it's common for employers to perform a background check on applicants. Within reason, this is within their rights; in many cases, it's a good way to weed out applicants who could pose an actual risk if hired. But sometimes a background check can go too far. If a potential employer seriously invades your privacy as part of a “background check,” they may be in violation of the law.

Your Legal Rights

When a potential employer asks you to consent to a background check, be sure to know what you're consenting to. Their inquiries should only be directly related to the job: for example, they should have no reason to check your driving record except for lines of work such as bus driving, where a spotty driving record is a red flag. Criminal record checks are common, but should usually be reserved for security guards and other sensitive positions.

There are certain kinds of information that are access-restricted, or which cannot be used to discriminate against job applicants. Federal law forbids employers from discriminating against employees who have filed for bankruptcy. Employers must also get written consent before requesting a credit report on an applicant.

Medical records are always kept secret and should not be submitted to employers. Any inquiries regarding an applicant's health should only be directly related to the job's requirements. In lines of work that require heavy lifting, it should be sufficient to ask applicants if they are medically able to do frequently heavy lifting without digging into their medical history.

Contact Us

If you feel that you have been unjustly subject to an invasive background check, or that you have been discriminated against on the basis of such information, the compassionate Houston employment lawyers of the Ross Law Group can help you.

To discuss your case with a lawyer, contact 713-482-6910 today.