But do you know that although there is no legislation that explicitly uses the term background checks, other laws exist to regulate their use or application? Everyone that does background checks such as employers, landlords, admissions' head and etc.
should be fully knowledgeable of these laws.
Most importantly, people who are being subjected to background checks must also be fully aware of their rights and what they are waiving away in their job and college applications or in their lease contracts.
Even today, there is a growing concern that there are many people who do not know that employers and even landlords are prohibited by privacy laws to use specific information against their employees and tenants.
Due to this, many suffer from unlawful discrimination.
At the very minimum, below is a brief description of laws concerning background checks that every adult must know.
Educational records cannot be released without the expressed permission of the student.
For this reason, a job applicant cannot be discriminated against based on his or her educational records.
Background checks cannot be used to unveil this information because they are considered confidential and privileged information.
Bankruptcy records (even though they are public records), cannot be used by employers against any job candidates or by landlords against prospective tenants.
Background checks that result in uncovering medical problems cannot be used as basis for discriminating these individuals.
Discrimination of disabled people and those suffering from health disabilities is illegal.
Credit laws also protect those with poor credit from being discriminated upon.
Laws protect their rights to do what is necessary to survive.
Consequently, everyone should be aware of these laws and their rights to privacy.
So, before doing any background checks, make sure that you are not violating any laws to prevent incurring unnecessary expenses on information you cannot use.
This will also help you avoid being subjected to damaging lawsuits for violating credit laws and other people's right to privacy.