Background Checks & Testing
As technology advances, more and more information about us is collected and accessible to anyone who wants to know. Credit reports, rap sheets, medical records -- it's all available to anyone who has the means to find it. But the law places some limits on what kind of information an employer can gather about applicants and employees, and how it can be gathered. The articles in this section explain the rules for background checks, testing, drug tests, and more.
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Find out what prospective employers can legally find out about you in the hiring process.
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Getting Hired With an Arrest or Conviction Record
Learn about legal protections for applicants and employees with criminal records.
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Can Potential Employers Check Your Facebook Page?
If you're looking for work, make sure your online posts won't cost you a job.
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Can Prospective Employers Check Your Credit Report?
Although federal law allows employers to check credit, some states don't.
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Discrimination Against the Unemployed
Federal law doesn't prohibit unemployment discrimination, but a few states do.
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Can a potential employer check my driving records in California?
In California, potential employers can check your DMV records as part of a background check for a job.
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State Laws on Employer Use of Credit Reports
A handful of states ban employers from using credit reports in job decisions.
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State Laws on Use of Arrests and Convictions in Employment
Does your state allow a prospective employer to ask you about your criminal records?
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D.C. Law on Use of Credit Reports in Employment
D.C. employers may not consider credit information in making employment decisions, except in very narrow circumstances.
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Drug Tests for Job Applicants: If You're Asked to Take a Drug Test
Know your rights as an applicant if a potential employer requires a drug test.
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Find out your state's rules for testing applicants and employees.
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State Laws on Polygraphs and Lie Detector Tests
Federal law and the laws of most states prohibit employers from requiring lie detector testing, with very limited exceptions.
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Can a Maryland employer refuse to hire me because of my bad credit?
Maryland law limits an employer's ability to use credit reports in making hiring decisions.
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Can I be denied employment for smoking?
Some states prohibit employers from discriminating against smokers.
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Can a potential employer require me to take a strength test?
The ADA doesn't restrict physical testing in the application process, except for medical tests.
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Are my Facebook posts dooming my job search?
Potential employers may be checking you out online.
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Can I refuse to take a potential employer's drug test?
An employer can't force you to take a drug test, but it can refuse to hire you without one.
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Can potential employers ask for my Facebook password?
Some states prohibit employers from requiring applicants to provide social media passwords or usernames.
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Will a Lawyer Take My Case If I Failed a Drug Test?
Even if you have failed an employer’s drug test, you may have legal challenges to the test or to any actions the employer took based on the test results.
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Can my employer ask for my social media passwords?
Can they require me to give them my password?
Talk to an Employment Rights attorney.
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