# Am I Required to Show a Potential Employee their Background Check? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [July 3, 2019, 7:16pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467 "2019-07-03T19:16:02Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Nawth\_Chucka](https://avatars.discourse-cdn.com/v4/letter/n/c57346/32.png) [@Nawth\_Chucka](https://boards.straightdope.com/u/Nawth_Chucka)\ **Post date:** [July 4, 2019, 3:52am UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/21 "2019-07-04T03:52:43Z")
> [@Dr.Strangelove](#): > > More than that, if my reading of your links is correct. The [eeoc.gov](http://eeoc.gov) link says: > The applicant isn’t just _entitled_ to the report. Instead, the employer is legally obligated to provide a copy of the report before taking any adverse action. I wonder if the OP’s employer has been breaking the law for some time. I’ve had exactly one employer do it legally, and I expect it’s b/c I had already worked there 6+ months as a temp before they began the hiring process that necessitated the background check. Good thing they gave me a copy of it, b/c I was able to provide copies of performance evaluations to counter the lies a previous boss had told (her signature was even on them!). I had my copy a few weeks before I got an offer letter. It’s rare for me to have a job interview that doesn’t find them asking at least one question that’s not supposed to be asked; usually it’s my marital status or age. ---
**Author:** ![Pantastic](https://avatars.discourse-cdn.com/v4/letter/p/3bc359/32.png) [@Pantastic](https://boards.straightdope.com/u/Pantastic)\ **Post date:** [July 4, 2019, 4:05am UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/22 "2019-07-04T04:05:04Z")
> [@Mundane\_Super\_Hero](#): > > It makes me think that maybe this is a sign that they are a ‘bad fit’ … and that maybe I should just rescind the job offer and hire the next person on the stack of applicants. It’s interesting that someone asking you to comply with long-standing federal law on a matter that costs you nothing makes you decide you don’t want to hire them. If you tell them that you’re not going to hire them after they sent back a form with a note on it requesting that you comply with what the law is anyway, I would expect them to file a complaint and to be glad that they didn’t get stuck in with a business that engages in blatantly illegal practices against their employees. [http://www.amof.info/fcra.htm](http://www.amof.info/fcra.htm) > [@](#): > > If Any Adverse Action Is To Be Taken > Before taking any adverse action, based at least in part on information obtained from an agency, the employer must provide the applicant/employee: > A notice of the adverse action > A copy of the report. > A summary of the applicant’s/employee’s rights (FCRA version). > [Note: Employers should provide the applicant/employee time to review/dispute the report.] ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [July 4, 2019, 5:46am UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/23 "2019-07-04T05:46:48Z")
> [@Inner\_Stickler](#): > > Frankly I find this thread a little insane. I’ve never had a job where a background check was required, but I would absolutely expect a copy of the report. It’s my background. You often see background checks in industries where employees handle sensitive data or are in positions of great responsibility. Employment in banks, insurance agencies, schools, security, and just about everyone associated with medical care are typically hired contingent on passing the background check. You don’t want someone with a fraud related conviction handling personal identification information and you don’t want convicted sex offenders teaching elementary school. You are free to pay one of the many companies that perform background checks for your own personal records. You’re only entitled to the one your employer paid for if they decide take adverse action based on the report they’ve received. But there may be some states that require you to share that report with the employee regardless of of whether or not they intend to take adverse action. With the situation presented in the OP I’d send the new employee another form explaining to him that I can’t accept a conditional agreement to run a background check. I’d explain that we’re required to provide him with a copy in the event that we were to rescind our offer based on information in the report. If he still refuses to sign the form without the conditional agreement I’ll bid him farewell and see if my 2nd favorite candidate is still interested. ---
**Author:** ![Filbert](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/filbert/32/3433_2.png) [@Filbert](https://boards.straightdope.com/u/Filbert)\ **Post date:** [July 4, 2019, 9:05am UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/24 "2019-07-04T09:05:29Z")
> [@Inner\_Stickler](#): > > Frankly I find this thread a little insane. I’ve never had a job where a background check was required, but I would absolutely expect a copy of the report. It’s my background. I’ve had multiple ones. Here, in the UK, the report is actually sent to the person whose background is being checked, even if it’s paid for by a potential employer. I had one done only a few weeks back; I got the result posted to me, brought it into HR to be checked and photocopied, then I got to keep it. I presume the reasoning is that, if there’s an error (like records from someone else using your name or having a similar name) a candidate can get it fixed without the potential employer ever seeing it and potentially turning someone down due to incorrect information. It seems like a good idea to me; I suspect that if a nursery teacher applicant initially came back as someone who’d done 10 years for selling heroin hidden in lollipops to kids, many people would not be able to get that fully out of their head even if it did turn out that it was actually their evil twin with the same name what done it. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [July 4, 2019, 1:53pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/25 "2019-07-04T13:53:27Z")
> [@KneadToKnow](#): > > They could claim grounds like gender/age/race discrimination. My concern isn’t that they’ll win, mind you, but that they’ll tie up your legal team. IANAL nor an HR person. Just throwing out words of caution as they seem apropos. To be fair(?), _anyone_ could do that. And since it wasn’t for that reason, I’m not sure it’s worth going down that rabbit hole. > [@slash2k](#): > > They are legally entitled to the results of a background check if 1) the employer used a third-party service, and 2) the employer took an adverse action based on that report. This is federal law in the United States based on the Fair Credit Reporting Act; some states have additional protections. It should be noted that if the OP doesn’t hire this person, not only will it have nothing to do with any information found in a background check, as of now, the OP hasn’t even done a background check. > [@](#): > > Failing to follow federal law is asking for a complaint to be filed with the EEOC and/or a lawsuit, requesting statutory and/or compensatory damages. Agreed, I just feel the applicant could have found a better way to request the copy of the background check, if it was legal for them to have it. According to what I see posted here, they’re legally entitled to it if they’re not hired due to something found in the report. However, they altered pre-employement paperwork in an attempt to force the OP to turn over the background check regardless of if they were or were not hired and regardless of the type of information found in it. I’m willing to bet, if the answer was yes or no, had the applicant simply asked for a copy of it, this thread wouldn’t be here. > [@](#): > > If they are a lawsuit type, advising that OP shouldn’t hire them solely because they gave notice that they intend to assert federally-protected rights (whether or not they are able to cite the exact law or circumstances) is probably not great advice. I think we may be getting off track with talk of them being the lawsuit type. That was a hypothetical added later on by other posters. And, as stated up thread, if they’re the lawsuit type, they can sue for whatever reason they want. If the OP doesn’t hire them because of this and they sue for gender discrimination, that’s a whole different thing. And, to be honest, if I saw that coming I’d cut my loses as soon as possible. I’d rather deal with a baseless accusation from someone I didn’t hire than wonder what they’re going to sue me for while they worked for me. Or put another way, I’d rather get sued by someone I didn’t hire than get sued by someone I fired. To be clear, if I wasn’t already, my big issue with this isn’t that they asked for the background check, it’s how. If this person, while attempting to get hired, took something you asked them to sign and altered it, what are they going to do after they have the job? If it makes it easier, pretend it has nothing to do with the background check. What if you were hiring someone and somewhere in the flurry of papers that is involved all of that, you found a handwritten, initialed, line stating “by hiring this applicant to work for [company], you agree to increase their pay by 5% a minimum of once per calendar year”. Asking for a 5% raise once a year isn’t out of line. But quietly adding it to something you sign and give back to them is out of line, imo. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [July 4, 2019, 2:34pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/26 "2019-07-04T14:34:01Z")
> [@Joey\_P](#): > > If this person, while attempting to get hired, took something you asked them to sign and altered it, what are they going to do after they have the job? This is a big red flag as far as I’m concerned. Asking about seeing it is one thing, but adding demands to a standard form and initializing it seems rather weird to me. ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [July 4, 2019, 2:45pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/27 "2019-07-04T14:45:00Z")
> [@Inner\_Stickler](#): > > Frankly I find this thread a little insane. I’ve never had a job where a background check was required, but I would absolutely expect a copy of the report. It’s my background. But it’s the employer’s report. If you want to know your background, pay for your own report. As authoritatively shown, you only get to see it if the employer doesn’t hire you. > [@Mundane\_Super\_Hero](#): > > […]they wanted a hard copy of any background check performed by us and they initialed it. > > This person says that they feel that they are entitled to a copy by law. As mentioned, you have to give a copy _only_ if you don’t hire them, but it sounds like they want it regardless. The law doesn’t require you to provide it if no adverse action is taken. > [@](#): > > In all the years that we have been in operation (nearly 50) we have never been asked for this and have never ever provided this to any new employee. That’s because if it’s a new employee, you hired them, and so have no obligation to provide the report. Have you made a no-hire decision based on the report since 1970? If so, then you were required to provide the report. ---
**Author:** ![black\_rabbit](https://avatars.discourse-cdn.com/v4/letter/b/f19dbf/32.png) [@black\_rabbit](https://boards.straightdope.com/u/black_rabbit)\ **Post date:** [July 4, 2019, 2:54pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/28 "2019-07-04T14:54:30Z")
My current employer used a third party service on my when I got hired, and the service just provided me a copy of the report by default. I don’t see what the big deal is. ---
**Author:** ![DorkVader](https://avatars.discourse-cdn.com/v4/letter/d/73ab20/32.png) [@DorkVader](https://boards.straightdope.com/u/DorkVader)\ **Post date:** [July 4, 2019, 3:26pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/29 "2019-07-04T15:26:50Z")
I’ve been given a copy of every background check ever done by an employer, and I’ve never not been hired because of anything that turned up. Based on that, and what everyone else has said, there is some obligation at some point to show the prospect the check if done, depending. For me, I wouldn’t even bother with doing the check. I’d just move on to the next candidate as soon as I saw the altered document. ---
**Author:** ![HMS\_Irruncible](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hms_irruncible/32/7394_2.png) [@HMS\_Irruncible](https://boards.straightdope.com/u/HMS_Irruncible)\ **Post date:** [July 4, 2019, 3:27pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/30 "2019-07-04T15:27:58Z")
I don’t know the law. But inquiries on your credit report are considered negative information, and are a cost to me. It’s only fair that they provide me a copy, both to balance the cost to me, and to provide me a cost-free way to verify who did it. So I reckon they owe me a copy of the report. Generally when I apply for jobs there is a blank that says “We are performing a credit report. Would you like a copy? yes/no”. I always tick ‘yes I would like a copy’. They never send me a copy. I get the job anyway, so I don’t make waves. ---
**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\ **Post date:** [July 4, 2019, 3:31pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/31 "2019-07-04T15:31:22Z")
I haven’t been through one in a long time, but I did have one when I first passed my Series 7. My dad and I have similar names and often our information often gets mixed together.The company thought it was interesting that I had a Bachelor’s degree before I was born and a PhD at 1 years old! ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [July 4, 2019, 3:42pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/32 "2019-07-04T15:42:44Z")
Does this apply to every report or (based on name “Fair Credit Act”) just financial shortcomings issues on a report that resulted in no hire? ---
**Author:** ![markn\_1](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@markn\_1](https://boards.straightdope.com/u/markn_1)\ **Post date:** [July 4, 2019, 3:50pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/33 "2019-07-04T15:50:27Z")
I agree that the candidate unilaterally changing the form is a red flag. At the very least, they should have talked to the hiring manager or HR first, and discussed the issue. Changing the form was an aggressive and confrontational way of making their wishes known, and doesn’t bode well for their ability to interact productively with others in a business environment. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [July 4, 2019, 4:13pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/34 "2019-07-04T16:13:00Z")
> [@HMS\_Irruncible](#): > > But inquiries on your credit report are considered negative information, and are a cost to me. [Soft credit inquiries](https://www.creditkarma.com/advice/i/hard-credit-inquiries-and-soft-credit-inquiries/), which is what happens during a job application, don’t affect your credit score ---
**Author:** ![digs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/digs/32/14889_2.png) [@digs](https://boards.straightdope.com/u/digs)\ **Post date:** [July 4, 2019, 6:39pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/35 "2019-07-04T18:39:12Z")
My first reaction is that this person is always going to be high-maintenance, have his undies in a bundle about something at work. Back in the day, I was in charge of vetting and doing first interviews, and my boss and the owner of the company would sit in on second interviews. Then we’d have a big Decision-Making Session. One topic that always came up is “How much maintenance, how much work is it going to be, just to have this person around?” (It got to be a game, where we’d learn the owner’s code-words. If he used the phrase “I’m just afraid s/he might be a bit of a prima donna”, then nothing we could say would get that person hired. If he said “Well, s/he seems like a team player…” then there was no way that person wasn’t starting Monday. I have since passed on those tips to my students) ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [July 4, 2019, 6:57pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/36 "2019-07-04T18:57:59Z")
> [@HMS\_Irruncible](#): > > I don’t know the law. But inquiries on your credit report are considered negative information, and are a cost to me. It’s only fair that they provide me a copy, both to balance the cost to me, and to provide me a cost-free way to verify who did it. > > So I reckon they owe me a copy of the report. This comment was already addresed WRT soft credit inquires. However, legally that wouldn’t hold up. The law states that if you’re not hired due to derogatory information in your background check they have to give you a copy. However, if they didn’t hire you, surely it wasn’t due to the inquiry that they made. > [@](#): > > Generally when I apply for jobs there is a blank that says “We are performing a credit report. Would you like a copy? yes/no”. > > I always tick ‘yes I would like a copy’. They never send me a copy. I get the job anyway, so I don’t make waves. Regarding this, and others that made similar ‘they always gave me a copy’ statements, that doesn’t apply here. It’s nice that they gave you a copy, the point is that they weren’t required to. ---
**Author:** ![Nawth\_Chucka](https://avatars.discourse-cdn.com/v4/letter/n/c57346/32.png) [@Nawth\_Chucka](https://boards.straightdope.com/u/Nawth_Chucka)\ **Post date:** [July 4, 2019, 7:22pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/37 "2019-07-04T19:22:04Z")
> [@Joey\_P](#): > > This comment was already addresed WRT soft credit inquires. However, legally that wouldn’t hold up. The law states that if you’re not hired due to derogatory information in your background check they have to give you a copy. However, if they didn’t hire you, surely it wasn’t due to the inquiry that they made. > Regarding this, and others that made similar ‘they always gave me a copy’ statements, that doesn’t apply here. It’s nice that they gave you a copy, the point is that they weren’t required to. Yes, except for the EEOC requiring it it wasn’t required. ---
**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\ **Post date:** [July 5, 2019, 6:16am UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/38 "2019-07-05T06:16:26Z")
> [@md2000](#): > > Does this apply to every report or (based on name “Fair Credit Act”) just financial shortcomings issues on a report that resulted in no hire? Every report. While the law is called the Fair Credit Reporting Act, it’s actually about consumer reports, which have a somewhat wider definition: > [@15 U.S. Code § 1681a](#): > > The term “consumer report” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, **character, general reputation, personal characteristics, or mode of living** which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for— > (A) credit or insurance to be used primarily for personal, family, or household purposes; > (B) employment purposes; or > (C) any other purpose authorized under section 1681b of this title. [emphasis added] The background check, in looking for criminal history, etc., looks for information covered under this definition, particularly the highlighted parts. > [@Czarcasm](#): > > This is a big red flag as far as I’m concerned. Asking about seeing it is one thing, but adding demands to a standard form and initializing it seems rather weird to me. I don’t see it that way, because at this point it seems the employer has likely ALREADY violated federal law by failing to provide the statutorily-required notices. The employer is flashing big red signals about general cluelessness and/or a willingness to disregard the law (“I just don’t see why I should give them a copy of it for free”); why are you expecting the applicant to behave better than the potential employer? If the company has basically announced to the applicant that they’re going to be difficult, then the applicant announcing right back that they don’t intend to be a pushover is understandable. ---
**Author:** ![Ruken](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Ruken](https://boards.straightdope.com/u/Ruken)\ **Post date:** [July 5, 2019, 12:14pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/39 "2019-07-05T12:14:20Z")
> [@Czarcasm](#): > > They don’t get to add lines to your form, initialed or not. Sure they do. OP doesn’t have to accept it. But I never sign something unless I agree to the terms, and that may take some modification. ---
**Author:** ![Inner\_Stickler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inner_stickler/32/318_2.png) [@Inner\_Stickler](https://boards.straightdope.com/u/Inner_Stickler)\ **Post date:** [July 5, 2019, 1:22pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/40 "2019-07-05T13:22:28Z")
I guess I’m a prima donna then because even in high school when I filled out paper applications for mcjobs, I blacked out the section for SSN and wrote “Will provide if hired”. This is just more corporate bullshit where the business thinks they have every right to a person’s private information because a job interview is an inherently unequal power situation. [Previous page](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467.md?page=1) [Next page](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467.md?page=3)