Editing Background check (section)

==Pre-employment screening==
Pre-employment screening refers to the process of investigating the backgrounds of potential employees and is commonly used to verify the accuracy of an applicant's claims as well as to discover any possible [[criminal history]], [[workers compensation claim]]s, or employer sanctions.<ref>{{Cite journal|date=September 2008|title=Firing employees with open workers' compensation claims|journal=Dental Abstracts|volume=53|issue=5|pages=246|doi=10.1016/j.denabs.2008.04.022|issn=0011-8486}}</ref>

=== Brazil ===
The Brazilian legal system prohibits discrimination against people. Many people consider background checks to be discriminatory.

Regulation and Laws on Background Checks
* Brazilian Constitution, Article 3, IV
* Brazilian Constitution, Article 5, X
* Brazilian Constitution, Article 7, XXXI
* Law No. 9.029/95

=== Netherlands ===
It is the responsibility of the employer to treat all personal information collected from the employee as confidential information and to limit the access to this information within the organization. The employer cannot retain the personal information from the applicant and must have protective measures in case of data breach. The employer must give the applicant the ability to access the personal information being held about them. Dutch Data Protection Authority must be notified of the background check.<ref name="MayerBrownGlobalGuide" />

Restrictions and Laws on Background checks

* The Data Protection Act 2001
* The Equal Treatment Act 1994
* The Judicial Data and Criminal Records Act 2004
* The Medical Examinations Act 1998
* Article 8 of the European Convention on Human Rights

=== Poland ===
The first Polish research on the issue of pre-employment screening shows that 81% of recruiters have come across the phenomenon of lies in the CVs of candidates for the job.<ref>{{Cite journal|last=Bauman|first=Kevin|date=August 2017|title=A Twenty-First-Century Social Contract between Employers and Job Candidates|journal=Employment Relations Today|volume=44|issue=2|pages=13–19|doi=10.1002/ert.21620|issn=0745-7790}}</ref> It is the responsibility of the employer to collect necessary information and to protect it so that only certain people in the organization can access it. The applicant must receive a copy of the background check so that the applicant has the opportunity to make sure that the information in the background check is correct. The employer is not permitted to keep the personal information for a longer period than necessary.<ref name="MayerBrownGlobalGuide" />

Restrictions and Laws on Background checks
* The [[Polish Constitution]] dated 2 April 1997
* Article 8 of the European Convention on Human Rights
* Act of 26 June 1974 on The Labour Code
* Act of 24 May 2000 on National Criminal Records
* Act of 4 March 1994 on the Company Social Fund
* Act of 29 August 1997 on Personal Data Protection
* Regulation of Work and Social Policy Minister dated 28 May 1996

=== United Kingdom ===
The employer has to treat the personal information from the applicant as confidential. The applicant has to receive a copy of the background to check or update the information that appears on the background check. The employer can not retain the information more than it is necessary. The employer has to give any one who comes in contact with the information of the applicant a code of conduct. The company has to go through an audit to make sure they are complying and protecting the data.<ref name="MayerBrownGlobalGuide">{{Cite web|url=https://www.mayerbrown.com/files/uploads/Documents/PDFs/2016/April/A-Global-Guide-Background-Checks.pdf|title= A Global Guide to Background Checks|date=2015|publisher=[[Mayer Brown|The Mayer Brown Practices]]}}</ref>

Restrictions and Laws on Background Checks

* Criminal records checks: [[Protection of Freedoms Act 2012]], [[Rehabilitation of Offenders Act 1974]], Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
* Ability to work in the UK: [[Immigration, Asylum and Nationality Act 2006]]
* The [[Equality Act 2010]]
* [[Data Protection Act 1998]]
* Article 8 of the European Convention on Human Rights (and [[Human Rights Act 1998]])

During the [[2008 financial crisis]], the level of fraud almost doubled.<ref>[http://www.bdo.uk.com/news/2009/fraud-doubles-yet-expert-says-the-worst-is-still-to-come.html Fraud doubles yet expert says the worst is still to come] {{webarchive|url=https://web.archive.org/web/20090727003214/http://www.bdo.uk.com/news/2009/fraud-doubles-yet-expert-says-the-worst-is-still-to-come.html|date=July 27, 2009}}</ref> Background-checking firm [[Powerchex]] claimed the number of applicants lying on their applications increased after the start of the [[2008 financial crisis]].<ref>{{cite news|url=https://www.theguardian.com/education/2009/aug/06/young-unemployed-lies-job-applications|title=Under-21s told 29% more lies on job applications this year than last|author=Jessica Shepherd|date=August 6, 2009|newspaper=[[The Guardian]]|access-date=May 13, 2012|archive-url=https://web.archive.org/web/20160306075821/http://www.theguardian.com/education/2009/aug/06/young-unemployed-lies-job-applications|archive-date=March 6, 2016|url-status=live}}</ref> In 2009, Powerchex claimed that nearly one in 5 applicants has a major lie or discrepancy on his or her application.<ref>{{cite web|url=http://www.powerchex.co.uk/interface/files/surveys/PowerchexAnnualPre-EmploymentScreeningSurvey2009.pdf|title=Annual pre-employment Screening Survey|publisher=Powerchex.co.uk|archive-url=https://web.archive.org/web/20111001195148/http://www.powerchex.co.uk/interface/files/surveys/PowerchexAnnualPre-EmploymentScreeningSurvey2009.pdf|archive-date=2011-10-01|url-status=dead|access-date=2012-06-17}}</ref> Almost half (48%) of organizations with fewer than 100 staff experienced problems with vetted employees.<ref>{{Cite journal|title=Figure 1.4. Fewer than half of the adult population has attained at least upper-secondary education|doi = 10.1787/888933590777}}</ref> The research shows how many failures occurred in the relationship between employer and employee over the years and what dangers it brings. Applicants usually lie about additional skills (85%), dates of employment (58%), responsibilities (53%) or positions (28%).<ref>{{Cite journal|last1=Brown|first1=Richard F.|last2=Owens|first2=Myra|last3=Bradley|first3=Cathy|date=December 2011|title=Employee to employer communication skills: balancing cancer treatment and employment|journal=Psycho-Oncology|volume=22|issue=2|pages=426–33|doi=10.1002/pon.2107|pmid=22162192|s2cid=13515755|issn=1057-9249}}</ref>

==== Regulation ====
<ref>{{Cite journal|title=Figure 2.1. Capital adequacy ratio| year=2012 |doi = 10.1787/888932575940}}</ref> The [[Financial Services Authority]] states in their Training & Competence guidance that regulated firms should have:
* Adequacy of procedures for taking into account knowledge and skills of potential recruits for the role
* Adequacy of procedures for obtaining sufficient information about previous activities and training
* Adequacy of procedures for ensuring that individuals have passed appropriate exams or have appropriate exemptions
* Adequacy of procedures for assessing competence of individuals for sales roles

The [[Financial Services Authority]]'s statutory objectives:

# Protecting consumers
# Maintaining market confidence
# Promoting public awareness
# Reducing financial crime

=== 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>