Can A Background Check Be Started Before A Conditional Job Offer Is Made?

An employer looks at numerous considerations before hiring any potential employee, including an employee’s background. The appropriate time to check into the background of employees can be confusing and have many variables depending on the state and the laws governing the state.

In general, the answer to whether it is possible to start a background check before providing a conditional job offer is “yes.” However, state laws differ and potential employers are not allowed to inquire about birth records or medical records of any potential employee due to discrimination laws.

The appropriate timing of when to check an employee’s background depends on numerous factors, such as which information is included in the background check or the state requirements. For example, a business that looks into worker’s compensation records as part of the standard background check is not allowed to check before providing a conditional job offer. Otherwise, the company might discriminate due to disabilities.

Employers can only inquire about health conditions that potentially interfere with job performance or ability after the offer is made to protect individuals who have disabilities. Once the offer is made, but before the potential employee starts working, inquiries about health conditions that prevent work are allowed.

While most states allow criminal background checks as part of the standard screening, not all states allow a criminal check before offering a job. In Hawaii employers are not allowed to look into criminal background until after the conditional offer is made as well. The condition set forth by the state is that if the employer discovers that the committed crime relates to the job duties or responsibilities, they are then allowed to withdrawal the job offer.

New York State is considering a similar law as that in Hawaii to allow employment options for individuals who have committed crimes in the past.

Age is another area of a background check that is sensitive and which employers are not permitted to ask about before hiring. Since birth records are obtained with criminal background checks, employers must take care to ensure the service they use not only provides the requested information, but will also protect potential employees from discrimination.

The background service can provide information without disclosing the age of a potential employee. In this case, the employer is free to ask for a background check provided the employer is clear that age is not provided with the background information.

Finding an appropriate service that not only respects employers, but also respects the law is challenging. Fortunately, Pre-employ.com provides background check services that are both legal and help employers learn more about prospective employees.

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