What Employers Can’t Ask in a Background Check

Most companies need to run background checks on their employees to ensure they can fulfill a position in the best way possible. Some background check companies have access to information that is unavailable to everyone, but it depends on the employee’s position.

Employers can’t ask about certain details in a background check because it could create conflicts of interest like favoritism and racism. It’s important to learn which information is accurate and necessary to ensure your company complies with rules and background check guidelines.

Kids and Pregnancies

An employer can’t ask a prospect or an employee if they are pregnant or if they have plans on becoming pregnant. Professional background checks will not disclose this information, and employers can’t ask for this on the application. Employers need to be aware of information irrelevant to a position that could negatively influence a final decision.

Family’s Race and Ethnicity

For registration purposes, job applications commonly ask for the applicant’s race and ethnicity, but employers can’t ask about the prospect’s family. Basing a decision on race and ethnicity is illegal and considered racist. A candidate’s specific race should not affect the final decision because it makes no difference to a person’s development.

Family’s Criminal Background

Asking for information outside of a prospect’s control is an illegal way to make a decision based on irrelevant data. Companies that provide reputable background check services will guide you on which information you can safely ask for and which questions interfere with laws and regulations. A family’s criminal record doesn’t provide relevant information and could get an employer in trouble for asking.

Genetic Information

Genetic information refers to a person’s future performance and how well a prospect will fulfill a specific role and position. Genetic information includes the chance of a prospect developing certain illnesses like cancer, dementia, and arthritis. Asking about this to base a decision on is illegal; genetics will not affect a person’s professional development.

Diseases and Health Problems

Medical records provide information on a person’s history with drugs, alcohol, and reasons for hospitalization. Asking about other health problems and diseases like HIV, Hepatitis, and sexually transmitted diseases is not allowed, and employers can’t ask for this information in a background check. If a person has the necessary skills and aptitudes without legal impediments, that’s all the information employers need, especially from a reliable source.