Is it Legal to do a Background Check Before a Job Offer?

Author’s Note: This post was originally published in February 2019 by Private Eyes Screening Group.1

Before an employer hires anyone, there are so many things he or she looks at, including the background of the employee. The timing to carry out a background check on your employees is confusing because it varies from one state to another.

An employer can begin a background check on employees before providing a conditional job offer. However, the law differs, and employers are not supposed to ask for birth and medical records due to the discrimination laws that apply.

The best time to carry out a background check depends on your state’s regulations and what is included in the background check. A good example is a company that checks the compensation records of its employees. It is not correct to do that before providing a conditional job offer. The company might discriminate due to some disabilities.

Employers are only allowed to ask about health conditions that affect the performance of an employee. Before an employee begins working, checking their health condition is allowed since the worker’s health affects everyone working at the company. It is important to check their health condition so as to make sure that they don’t have any illness that could affect their work.

In most states, a candidate needs to go through criminal record screening before starting the job. However, in Hawaii, an employer has no permission to go through the criminal records of the employees until a conditional offer is made. According to the state, if the employer discovers that there has been a crime related to the duties and responsibilities of the job, the job offer may be withdrawn. New York also allows people that have committed crimes in the past to get employed.

An employer has the right to ask you about your age after hiring you. Since birth records are obtained with criminal background checks, employers must look for a service that protects their employees.

A background check service can provide information without giving out the age of the employee. Therefore, an employer is free to ask for a background check as long as the age is not stated.


ClearPath
 knows that background screening companies are not all alike, and that’s why we have chosen to partner with Private Eyes.  Private Eyes combines easy-to-use technology, a team of passionate experts who communicate, and a CEO with a Private Investigators license, to surpass client expectations globally. Work with a leader in the industry for outsourced Human Resources functions associated with contingent workers. Get the benefits of using ClearPath as your Employer of Record (EOR). Let ClearPath be the path to your peace of mind.

1https://www.privateeyesbackgroundchecks.com/background-check-before-job-offer/

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