Business Background Checks

Performing conscientious business background checks can spare you undue hardship down the road, not to mention possible legal claims. When conducting these business background checks, however, there are strict laws on the books about what you may and may not do. Some employers choose to walk this line more carefully than others and feel the risks they take when interviewing and hiring are justified by the rewards of finding the perfect employee.

So what exactly constitutes an illegal question during the course of your background screening process? Local, state, and federal laws all prohibit employers from discriminating on the basis of things such as race, gender, religion, veteran status, physical disability, sexual preference, or national origin. These are just the basics, however. The list also includes questions about "value" or "lifestyle" choices that have no bearing on the applicant's ability to perform the required tasks.

Legal Compliance with Business Background Checks

While most employers understand that they cannot legally discriminate when conducting business background checks, fewer of them realize just how many of their questions may be construed as discriminatory. Asking someone a seemingly innocuous question such as "Where are you from?" may be interpreted as discriminatory against nationality. By the same token, asking about an applicant's children, no matter how casually you may do so, is considered a breach.

You may have nothing but the best of intentions when conducting a background check, a fact that lawyers and advocacy groups understand. At the same time, it is not their job to allow their personal biases to enter the picture when defending the rights of their clients or members, and so it behooves you to play by the rules. In the long run, if things don't work out between you and your hire, you'll have a lot less to worry about.