HR Glossary for HR Professionals
Glossary of the most common HR terms and acronyms to assist professionals navigating the ever-growing and ever-changing world of HR terminology.
Background Check
What is a Background Check?
A background check for employment is a form of investigation into a potential employee’s background, based on certain criteria. That could include employment, education, criminal records, vehicle, and license record checks. It also may or may not include a credit check, which looks into the credit history of a candidate (there are a number of laws surrounding this).
Are Background Checks for Employment Required?
While employers aren’t required to perform a background check, there are certain background check regulations that apply if making any employment decisions regarding the outcome.
Background Check Regulations
Before you get started performing Background Checks, make sure you’re aware of these laws:
- Equal Employment Opportunity (EEO): In every case, make sure you’re treating everyone fairly. Don’t make hiring decisions based on race, national origin, color, sex, religion, disability, genetic information, or age. Don’t ask medical questions before a conditional job offer has been made.
- Fair Credit Reporting Act (FCRA): If your company gathers credit or criminal background reports you are required to tell the applicant that you might use the information to make a hiring decision. This notice cannot be in an employment application– you must include this in a stand-alone format and in writing.
- Ban-the-Box: This law requires employers to remove criminal-history questions from employment applications.
Background Check Regulations by State
Each state had its own background check regulations to comply with. View the regulations by state below:
Alabama: Ban-the-Box & FCRA
Alaska: FCRA
Arizona: Ban-the-Box & FCRA
Arkansas: Ban-the-Box & FCRA
California: Ban-the-Box, District Laws & FCRA
Colorado: Ban-the-Box, District Laws & FCRA
Connecticut: Ban-the-Box, District Laws & FCRA
Delaware: FCRA
Florida: Ban-the-Box & FCRA
Georgia: Ban-the-Box, District Laws & FCRA
Hawaii: Ban-the-Box & FCRA
Idaho: FCRA
Illinois: Ban-the-Box, District Laws & FCRA
Indiana: Ban-the-Box, District Laws & FCRA
Iowa: FCRA
Kansas: Ban-the-Box, District Laws & FCRA
Kentucky: Ban-the-Box, District Laws & FCRA
Louisiana: Ban-the-Box, District Laws & FCRA
Maine: FCRA
Maryland: Ban-the-Box, District Laws & FCRA
Massachusetts: Ban-the-Box, District Laws & FCRA
Michigan: Ban-the-Box, District Laws & FCRA
Minnesota: Ban-the-Box, District Laws & FCRA
Mississippi: FCRA
Missouri: Ban-the-Box & FCRA
Montana: District Laws & FCRA
Nebraska: Ban-the-Box & FCRA
Nevada: Ban-the-Box, District Laws & FCRA
New Hampshire: District Laws & FCRA
New Jersey: Ban-the-Box & FCRA
New Mexico: Ban-the-Box, District Laws & FCRA
New York: Ban-the-Box, District Laws & FCRA
North Carolina: Ban-the-Box & FCRA
North Dakota: FCRA
Ohio: Ban-the-Box & FCRA
Oklahoma: Ban-the-Box, District Laws & FCRA
Oregon: Ban-the-Box, District Laws & FCRA
Pennsylvania: Ban-the-Box, District Laws & FCRA
Rhode Island: Ban-the-Box & FCRA
South Carolina: Ban-the-Box & FCRA
South Dakota: FCRA
Tennessee: Ban-the-Box & FCRA
Texas: Ban-the-Box & FCRA
Utah: Ban-the-Box & FCRA
Vermont: Ban-the-Box, District Laws & FCRA
Virginia: Ban-the-Box & FCRA
Washington: Ban-the-Box, District Laws & FCRA
West Virginia: FCRA
Wisconsin: Ban-the-Box & FCRA
Wyoming: FCRA
Check out the U.S. Equal Employment Opportunity Commission for more information on what employers need to know about background check best practices.
Related Terms: Equal Employment Opportunity Commission (EEOC)