Editing Background check (section)

=== United States ===
The employer must obtain consent from the applicant granting approval of the background check.<ref>{{Cite journal|last1=Doyal|first1=L.|last2=Tobias|first2=J S|last3=Warnock|first3=M.|last4=Power|first4=L.|last5=Goodare|first5=H.|date=1998-03-28|title=Ethical debate: Informed consent in medical research Informed consent---a response to recent correspondence Changing the BMJ's position on informed consent would be counterproductive Informed consent---a publisher's duty Trial subjects must be fully involved in design and approval of trials Studies that do not have informed consent from participants should not be published|journal=BMJ|volume=316|issue=7136|pages=1000–1005|doi=10.1136/bmj.316.7136.1000|pmid=9550964|issn=0959-8138|pmc=1112852}}</ref> The employer must be in accordance with the [[Fair Credit Reporting Act]].<ref name="MayerBrownGlobalGuide" /> The employers have to guarantee that they will not discriminate against the applicant.

Most notably, the [[Fair Credit Reporting Act]] (FCRA) regulates the use of consumer reports (which it defines as information collected and reported by third party agencies) as it pertains to adverse decisions, notification to the applicant, and destruction and safekeeping of records. If a consumer report is used as a factor in an adverse hiring decision, the applicant must be presented with a "pre-adverse action disclosure," a copy of the FCRA summary of rights, and a "notification of adverse action letter." Individuals are entitled to know the source of any information used against them, including a [[Credit rating agency|credit reporting company]]. Individuals must also consent in order for the employer to obtain a credit report.<ref>{{Cite web|url=https://www.consumerfinance.gov/learnmore/|title=Learn more|website=Consumer Financial Protection Bureau|access-date=2019-04-18}}</ref>

Restriction and laws on Background Check
* Arrest and conviction records: Title VII of the Civil Rights Act of 1964; Cal. Lab. Code § 432.7; Cal. Lab. Code § 432.8; Cal. Pen. Code § 290.46(k)(2); 775 ILCS 5/2-103; Job Opportunities for Qualified Applicants Act, 820 ILCS 75/15; N.Y. Correct. Law § 752; N.Y. Exec. Law § 296 (15), (16); 18 Pa.C.S. § 9125
* Credit/financial checks: Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785.13; Cal. Lab. Code § 1024.5; 820 ILCS 70/10 
* Health checks/medical screening: Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.; Genetic Information Nondiscrimination Act, 42 U.S.C. § 2000ff, et seq.; Cal. Lab. Code § 132a
* Social media: Cal. Lab. Code § 980; 820 ILCS 55/10(a)
* Record disposal: 16 CFR Part 682 
* Record keeping: 29 CFR Part 160
* Records/information obtained from consumer reporting agencies, including but not limited to education and employment records, credit and financial records, and social media: Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq.; Consumer Credit Reporting Agencies Act, Cal. Civ. Code § 1785.13(a)(6); Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(a)(7); Cal. Civ. Code § 1786.53
* Political affiliation: D.C. Code § 2–1402.11; Wis. Stat. Ann. § 111.321
* Polygraph tests: Employee Polygraph Protection Act, 29 U.S.C. §§ 2002, 2006; Cal. Lab. Code § 432.2; 225 ILCS 430/14.1; N.Y. Lab. Law §§ 733–739; 18 Pa.C.S. § 7321

====Florida====
Title XLV, section 768.095 of the ''Florida Statutes'' is a law that allows former employers to disclose information about an employee to a future employer, protecting employers from [[Negligence in employment|negligent hiring]] liabilities. Employers use disclosed information from past employers when a background check does not provide enough information on the employee. Employers have to verify that the information disclosed to them is true because if it is false, the employer will be violating the civil rights of the employee.<ref>{{cite web|url=http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.095.html|title=The 2012 Florida Statutes|publisher=[[Florida Senate]]|archive-url=http://archive.wikiwix.com/cache/20130717125308/http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799%2F0768%2FSections%2F0768.095.html|archive-date=July 17, 2013|url-status=live|access-date=July 16, 2013}}</ref>