Employment Background Checks in Kansas City
When you’re looking for a new job, you will probably fill out hundreds of applications, do numerous rounds of interviews, and only see the light at the end of the tunnel once you finally receive an offer. Then the hiring process begins. You send in the required documents and fill out all the necessary forms to nail down this position, but then you meet the next bump in the road. To work for this company, you need to pass a background check.
Background checks may be useful to employers, but they can be nerve-wracking for job applicants. Everyone has a past, and there’s no way of knowing how your employer will react to what they find. However, you should know that workers are protected from discriminatory hiring practices related to background checks.
Common Types of Background Checks in Kansas City
Companies use background checks to verify a job candidate’s identity, credentials, and other background information. Background checks are a standard part of the employment screening process when hiring new employees because employers rely on them to inform their hiring decisions. There are several different types of background checks that you may encounter during your job hunt.
Criminal Background Checks
Criminal background checks are possibly the most common type of background check. Most employers run criminal background checks as part of their hiring process. These checks are often used when searching for workers to fill roles that deal with sensitive information, security, and being around vulnerable populations such as children. Criminal background checks must meet Federal Credit Reporting regulations.
Credit Background Checks
Credit background checks are typically run for applicants seeking to obtain Financial positions or rules that handle confidential information. They are primarily meant to reduce the risk of fraud and are frequently required for positions that need a security clearance. Credit reports may include information such as:
- Collection accounts
- Debts sent to collections
- Past and current credit accounts
- Payment times
Even with this history, it’s not guaranteed you’ll miss out on a job because of poor credit history. However, it is worth noting that employers can see credit delinquency and might take that into consideration during the hiring process.
E-Verify Background Checks
E-verify is an electronic system that scans data from an employee’s Form I-9, Employment Eligibility Verification, to ensure that they are legally allowed to work in the United States. An e-verify background check will generally result in either Employment Authorized or Tentative Non-confirmation.
- Employment Authorized: The information entered matches records in the DHS or SSA system, so the candidate is authorized to work in the U.S.
- Tentative Non-confirmation (TNC): The information entered did not match, but an employee can appeal this result in most cases.
If you are concerned about your e-verify results, contact a lawyer skilled in background check resolutions.
Identity verification background checks allow employers to confirm that their job applicants are who they say they are. They will verify your basic information and check for reports of fraudulent activity associated with your identity. These types of background checks will verify information such as:
- Social security number
- Date of birth
This information prevents an applicant from being hired while using a stolen identity.
What Are My Rights When Dealing with Background Checks?
Regardless of your history, you are entitled to certain protections and rights when applying for a job. As a result, employers must adhere to specific standards and limitations when performing background checks on applicants. As a worker, you are entitled to certain information and empowered to retaliate against unlawful hiring practices.
Before an employer can perform a background check on you, they need your written permission. You have the right to decline the background check, though you may not get the job if you refuse.
Copy of the Report
If you choose to move forward and the employer does not hire you because of something on your report, they must provide you with a copy of the report.
Summary of Rights
Applicants who are not hired are also entitled to a “Summary of Rights” detailing how to contact the background reporting company.
Fix Inaccurate Information
In cases where the information on your report is inaccurate or false, you can contact the reporting company, dispute the inaccurate information, and ask them to send a copy of the corrected report to your employer.
Fair and Equal Background Checks
There are cases when background checks are used for discriminatory hiring practices. There are rules and limitations for the types of questions that an employer can ask you. Employers must ask the same questions to all applicants and cannot ask for extra background information or questions targeted to exclude people in protected groups. Asking additional questions based on an applicant’s race, gender, sexuality, or other protected characteristics is considered discriminatory.
File a Complaint
You have the right to file a complaint against discriminatory use of background checks. Employers cannot retaliate against you for asserting this right. Asserting your right to file a complaint against a company committing unlawful behavior is protected activity under the U.S. Equal Employment Opportunity Commission (EEOC).
Get Legal Advice from an Experienced Kansas City Employment Attorney
It’s important to know that regardless of your past, you are entitled to certain rights and protections that will protect you from discriminatory employment background checks. If you believe that a potential employer has used a background check to violate your rights, you should contact an experienced Kansas City employment attorney.
At Hollis Law Firm, we are committed to protecting Kansas City workers’ rights. Our attorneys only represent employees, and we provide them with high-quality legal representation to counter companies that have also secured lawyers. When you stand up for yourself, let us be the legal counsel to help you fight for your rights. Contact our skilled Kansas city employment lawyers at (800) 701-3672 or fill out our online contact form to schedule an initial consultation.
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