In the past decade, numbers of employers have increased when they have chosen to do financial and criminal background checks on applicants. Around 93 percent of employers, today have conducted at least once a background check on some of their applicants while 73 percent have conducted background checks on all their applicants. One-quarter of adults have criminal records and sometimes people who have been wrongly flagged when they do not even have any criminal records due to mix-ups in background checks just because they have a similar name to a convicted criminal.
Media attention on employers recently because they were asking applicants for their social media names and passwords. Maryland was the first to ban employers from demanding their applicants to give them their social media passwords while other are still considering it. The justice department is considering it a crime to violate the social media site’s terms of service which demanding passwords and usernames clearly violate the terms and services of social media like Facebook, employers who may have considered this as a part of background checks are rethinking it. Laws and regulations on background checks for employment and many of these new laws passed in the recent years which protected the applicant’s rights.
Equal Employment Opportunity Commission Enforcement Guidelines
The Equal Employment Opportunity Commission (EEOC) updated their enforcement guidelines on employers and how they should handle applicants with criminal records, with an eye on finding the balance between fairness and safety in a workplace. The guidelines state that companies will be held liable if they treat applicants differently based on criminal records. For example, an employer has rejected an applicant who is an African-American based on his criminal records, but hired a white applicant who also had criminal records, the employer could be liable.
California Assembly Bill 22
This law will prohibit employers in California from obtaining applicant’s consumer credit reports for their hiring decisions. Some financial institutions are exempt from the bill along with applicants for certain positions. For those applicants who are still being subjected to having their consumer credit reports pulled for a part of background checks, employers will have to give a written notice that they will use applicants credit reports and why they are obtaining it. Similar laws passed in Washington, Maryland, Oregon, Illinois, Hawaii, and Connecticut.
Information is easily accessed, especially information about people and with a tight labor market, which has resulted in background checks on applicants becoming something normal. Some of the earlier guidelines written on background checks, well before the internet became a thing. This is a problem for those people who worry a lot about invading their privacy, new laws and policies are beginning to accurately reflect the 21st-century workforce and workplace.
To know more about the New Laws About Your Legal Protection and Background Checks, visit www.backgroundpi.com.