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Background Checks and Fairness

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A Myspacer posted recently “Background Checks for Employment-Does it go too far, is it done with any sense of fairness?” They were concerned about the fact that they had been denied employment due to something found on their credit report and that it was a part of the patriot act.

Many people have this false impression. The patriot act in general does not have anything to do with employment and credit reports. Credit reports have long been a part of background checks and you usually consent to them when applying for a job.
The FCRA is the governing document when dealing with background checks and pre-employment screening. The myspacer goes on to question whether or not misdemeanors should even be a part of background checks. While true that many companies only screen for felonies it can’t be said that it is a good idea. Some misdemeanors include assault, lascivious behaviour and theft. Now imagine if you are an employer and you hire an employee that has several misdemeanor assault charges then one day he explodes and injures or kills one of your employees. Can you say negligent hiring lawsuit?
I realize that some practices do not seem fair in connection with background checks and hiring. Unfortunately in today’s society employers must be careful. And to the myspacer that was turned down for the job, good luck. I hope your job hunt goes well in the future.

This was posted by Todd Moss on May 20, 2007
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