Employers are permitted to ask questions about an applicant or employee’s background or to require a background check, but it is important to comply with federal laws that protect applicants and employees from discrimination, such as the Fair Credit Reporting Act (FCRA) and Ban the Box laws. Decisions cannot be made based on race, national origin, color, sex, religion, disability, genetic information or age. The FCRA has additional rules to follow if adverse action is taken, so employers should be mindful of these.
