ABA Family Legal Guide

Law and the Workplace

The Hiring Process

May an employer run a background check on an applicant?

Background checks may be necessary for certain jobs. These include jobs involving security or trade secrets. Moreover, background checks help if the employer should later face a negligent hiring suit, and they should be done for any employee who interacts with the public, has access to homes, or has responsibility for the aged, the infirm, or children.

Checks should be made fairly and without bias and should comply with the FCRA (see next answer). They should concern only issues relating to performance of the specific job. An employer that unnecessarily pries into private information or uses unreasonable methods to get data could be sued for invasion of privacy.