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State Laws for Background Check

Follow State Laws When Running Background Checks

One of the mandatory aspects of the job hunting process is undergoing a number of background checks. In every position, whether it’s for the government or a local start-up, the purpose of background checks is to make sure the potential candidate is who they claim to be.

While many individuals take this test with ease, some are a bit concerned about how deep their potential employer will go to learn more about their past. Although they may not have criminal charges or workplace misconduct on their record, they still would like to be informed of their personal information.

Why are candidates so concerned?

It’s understandable that so many people are worried about their personal rights when it comes to getting a background check. Employers make it seem like this process is mandatory. Because of this, so many people never question their rights regarding this service.

Whether you’re on the hunt for a new job or simply want a greater insight into your personal rights, consider this comprehensive list of laws regarding background checks in these states. By understanding your rights, you’ll know exactly what to provide and what you can leave out.

As mentioned, these laws do not cover the entire nation. The findings presented in this essay are on a state-by-state basis. Research the background laws that specifically pertain to your state to gain a better understanding.

Learn the Laws in California

In California, employers are not allowed to ask for a candidate’s previous salary. This information is traditionally used to make an informed assumption about a potential employee’s personal identity. To keep things fair, candidates are required to submit a pay range. This eliminates any room for bias and gives everyone applying an equal opportunity.

In addition, while the use of marijuana is legal on the West Coast, applying candidates who admit to using it on a recreational basis may be at risk for not landing that job. Throughout the process of the background check, potential employees now have the right to not hire someone based on their recreational use. Therefore, if you do use it recreationally, it may be wise to not disclose that information.

Illinois Is Progressive

Illinois is a progressive state when it comes to gender laws and equality. If an employee chooses not to share information about their gender, that won’t be held against them. It’s awesome that candidates are given the choice regarding their personal information. If they choose not to disclose, their right to privacy is not allowed to be held against them.

This new law is great for those of us who like to share our opinions on social media. In Vermont, during the background check process, candidates do not have to disclose their social media handles to potential employers. To add further protection, employers cannot ask a candidate for their social media information or to approve friend requests. This helps individuals in Vermont abide by their first amendment right and avoid being discriminated against because of their social media.

Can an employer look up your financial information?

Across the nation, there are several aspects of a person that employers cannot have access to. Some sensitive information includes:

● Bankruptcies that occurred ten years ago
● Credit information after seven years
● Negative information (criminal activity not exempt) after seven years

This helps individuals who previously experienced financial or personal hardships get the opportunity they service.

In addition, you have the right to receive a copy of your background report should you wish to see what they pulled. Most job applications will give you the opportunity to select this option before you submit.

Individuals who are instructed to undergo a background check must give consent. A company does not have the power to look through your personal records without your permission. Should this occur, it’s vital that you take legal actions to remediate the situation.

Employee Resume Check

Finally, it’s good to know that employers must provide a reason for denying someone because of the information found from their background check. This helps companies to avoid discriminatory acts and provide closure to the potential candidate. In addition, this is beneficial to the candidate because they have a clear understanding of what they need to work on.

If you are an employer or potential candidate needing to acquire a third-party background check, visit the website of Affordable Background Checks. Here, you’ll find all the information needed regarding your service.

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Gavin Muirhead

Gavin Muirhead has been involved in developing products for background checks and improving online experiences in the background screening industry since 2012. He is the lead author and editor of Affordable Background Checks.