Employee privacy rights background checks by employers are limited in the amount of snooping into the personal affairs of workers and job seekers.

That is, when federal protections apply. Okay my fellow co-employees, Yancey here with this message; don’t assume anything about privacy on the job.


This page will fill you in specifically on how far your boss can dig into your private affairs. The (FCRA) Fair Credit Reporting Act sets guidelines for employee rights and privacy.

The FCRA along with the (ADA) Americans with Disabilities Act, the Privacy Act and others provide most of the protections for workers and job seekers.

Many of these regulations are only effective when our employers’ hire outside companies to investigate us. If the background check is done in house, a lot of laws don’t apply. Whether employed or a job seeker, I’m going to find out what the company’s employee privacy rights background checks policy is.

employee privacy rights background checks

Employee Privacy Issues

Some employers may scrutinize employees and applicants selectively. This has the potential for discrimination, which could lead to that employer finding itself in trouble legally. That’s why employers’ should consistently investigate backgrounds as required by the position. They shouldn’t instead just investigate the individual.

In depth background checks can mean an analysis of your work history, your complete credit report, your criminal history and your driving records. These inquiries should be relevant to the job. Military information can be disclosed without your permission.
However, employers cannot request background checks of your medical records and should not make hiring decisions dealing with a job seekers disability.

The only request an employer can make is whether you’re capable of performing a particular job.

employee privacy rights background checks

Employee credit and Background checks

The Fair Credit Reporting Act (FCRA) is designed primarily to protect the privacy of consumer report information. It is also intended to guarantee that information supplied by (CRA’s) Consumer Reporting Agencies is as accurate as possible. When the FCRA was amended in 1997 it increased considerably the legal requirements of employers who use consumer reports.

A Consumer reporting Agency will not give an employer your report without certification. That means the employer must show it has met the requirements of the FCRA in protecting your privacy.

Employee background privacy checks effect these areas.

driving records
Employers don't need permission to get our behind the wheel history.

criminal records
Laws are different from state to state on checking these records. It also varies as to how far and by position an employer can ask us about criminal history.

school records
Employers or potential employers cannot get records without student or ex-student permission. However, things are different for school employees.

Unfortunately bankruptcies are public records. Employers aren't supposed to discriminate against job seekers and employees if they filed for bankruptcy.

employee privacy rights background checks

Employee Privacy

I know it’s in my best interests to learn the variety of information my or any employer may want about me. A friend of mine working as a nurse, learned how much background checks can effect privacy.

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I make it my business to keep updated copies of my personnel file, credit, and other relevant records. My nursing home friend was shocked when she discovered the employer had information about her she didn't know existed. Its better to know than not know. I always keep my resumes updated and accurate as well. My questions and answers page has more information for those of us who want to be and stay prepared.

My new sites provides the MOST current changes affecting career seekers and employees. Some employers are constantly working to take away the rights of employees. Follow this link to EMPLOYEE RIGHTS GUIDE, EMPLOYEE WORKPLACE RIGHTS and EMPLOYEE RIGHTS VIDEOS for the latest employee news you can use!

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