Scrutiny Increasing over Use of Background Checks for Employees and Consumers

The increasingly widespread use of background checks, or consumer credit reports, has increased the chances that inaccurate, unfair and unlawful information published or collected about a person may have an adverse impact on his or her life. More and more, employers are requiring job applicants and current employees to undergo background checks, digging through information ranging from criminal history to credit and housing history.

John Oliver, on his show “Last Week Tonight,” which aired on Sunday, April 10, delved into this growing trend and the many problems it causes. The discussion is startling for many who are unaware of the wide-ranging and frequently negative impact that this practice is having, and it also touches on several of the laws that protect employees and consumers in this area. You can watch the segment here.

Consumers and employees have significant rights and remedies available to them when they submit to a background check or credit report. For instance, the Fair Credit Reporting Act (FCRA) requires employers provide notice to employees and potential employees prior to deciding whether to hire or to fire an employee. But many employers do not comply with this legal requirement. The Credit Repair Organizations Act (CROA) also contains legal protections that may apply. If you have been required to undergo a background check, please contact Teske Katz Kitzer & Rochel today to learn more about your rights.