# 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:** 12\ **Page:** 3
**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 5, 2019, 2:34pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/41 "2019-07-05T14:34:47Z")
> [@slash2k](#): > > why are you expecting the applicant to behave better than the potential employer? No one is expecting them to behave better than the employer, but the applicant is the one swinging around a law they don’t understand. Even if they had provided the notices you mentioned (and we don’t know if they did or not, you’re just assuming that), I assume they state that this person would not be entitled to a copy of their background check unless it contained adverse information that led to them not being hired. The applicant is attempting to use the law to demand them, regardless of the outcome of the outcome. > [@](#): > > 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. The company didn’t announce they’re going to be difficult, the applicant announced they’re going to be difficult by making their own modifications to forms they were asked to sign (‘the company’ asked about it here). Regardless of legality of what they’re asking, they’re trying to sneak in clauses to standard forms. As I mentioned earlier, if the applicant had simply, verbally said ‘after you run my background check, I’d like a copy of it’, this likely would have all played out differently. ---
**Author:** ![msmith537](https://avatars.discourse-cdn.com/v4/letter/m/d9b06d/32.png) [@msmith537](https://boards.straightdope.com/u/msmith537)\ **Post date:** [July 5, 2019, 3:30pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/42 "2019-07-05T15:30:17Z")
As someone who just recently got hired, this seems like a really weird conversation on both sides. A couple of thoughts: Why is the OP using the Straight Dope as his/her/their corporate HR / Legal to answer this question? A company like the OP’s that would second guess a hire simply because they requested a copy of a report they were having made anyway sounds like a terrible place to work. For an “admin” role, I would doubt that a standard background check will produce more than confirmation that the person graduated from the schools they say they graduated from and worked at the jobs they say they worked at. That’s all my last background check showed. But that might be vendor specific. I received a copy of my background check and didn’t have to ask for it. Unless you massively fabricate your background, most normal companies are not going to rescind an offer because I was a few months off with some job dates from ten years ago. At worst, I’ve had to provide some old pay statements and W2s because a prior employer was acquired and no longer existed. ---
**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 5, 2019, 4:18pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/43 "2019-07-05T16:18:25Z")
> [@Joey\_P](#): > > No one is expecting them to behave better than the employer, but the applicant is the one swinging around a law they don’t understand. > Even if they had provided the notices you mentioned (and we don’t know if they did or not, you’re just assuming that), I assume they state that this person would not be entitled to a copy of their background check unless it contained adverse information that led to them not being hired. > The applicant is attempting to use the law to demand them, regardless of the outcome of the outcome. > The company didn’t announce they’re going to be difficult, the applicant announced they’re going to be difficult by making their own modifications to forms they were asked to sign (‘the company’ asked about it here). Regardless of legality of what they’re asking, they’re trying to sneak in clauses to standard forms. > > As I mentioned earlier, if the applicant had simply, verbally said ‘after you run my background check, I’d like a copy of it’, this likely would have all played out differently. If the OP’s company had simply fully complied w/ the EEOC statute and plainly stated the applicant would get a copy as required by law, this likely would have played out differently. B/c then they wouldn’t have been more ignorant of the law than their applicant. ---
**Author:** ![wevets](https://avatars.discourse-cdn.com/v4/letter/w/e9a140/32.png) [@wevets](https://boards.straightdope.com/u/wevets)\ **Post date:** [July 5, 2019, 4:50pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/44 "2019-07-05T16:50:23Z")
> [@](#): > > The FCRA requires employers to disclose that consumer reports may be used for employment decisions and to secure consent from employees or applicants to obtain these reports. If consumer reports provide information that results in an adverse employment action against an individual, the employer must provide the person with a copy of the report and his or her FCRA rights. [https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/cms\_015156.aspx](https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/cms_015156.aspx) It sounds like making such a background check, then making an adverse decision and refusing to supply the background check, would be highly suspicious. I’d recommend providing a copy of the background check - is there any downside to actually providing the copy? ---
**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, 5:16pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/45 "2019-07-05T17:16:57Z")
> [@Joey\_P](#): > > Even if they had provided the notices you mentioned (and we don’t know if they did or not, you’re just assuming that), I assume they state that this person would not be entitled to a copy of their background check unless it contained adverse information that led to them not being hired. If the employer had ever bothered to READ the notices required, they’d already know that there are situations in which they are legally obligated to provide a copy, but it is plainly obvious that OP has no idea that is true. I am assuming that yes, if they are providing a notice, at some point they have actually read the notice, and since they haven’t read it, they probably have no notion that there is such a thing. > [@Joey\_P](#): > > The company didn’t announce they’re going to be difficult, the applicant announced they’re going to be difficult by making their own modifications to forms they were asked to sign (‘the company’ asked about it here). Regardless of legality of what they’re asking, they’re trying to sneak in clauses to standard forms. Hiring is a negotiation, not a “you must do it this way and no modifications are possible” sort of process. If applicants wants some adjustments, applicant is allowed to ask for those adjustments or accommodations, and modifying a written agreement is a perfectly logical way to ask. > [@Joey\_P](#): > > As I mentioned earlier, if the applicant had simply, verbally said ‘after you run my background check, I’d like a copy of it’, this likely would have all played out differently. “Now my company pays a good deal of money to a private company for those background checks and I just don’t see why I should give them a copy of it for free” says differently. So does the fact that in nearly fifty years the company has never provided a copy; surely at some point they’ve discovered problems in a background check and declined to hire, and if that has happened at any point since October of 1970, they’ve broken the law (and if they haven’t found any issues affecting their decisions in nearly 50 years, what are they paying for?). ---
**Author:** ![Translucent\_Daydream](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/translucent_daydream/32/16170_2.png) [@Translucent\_Daydream](https://boards.straightdope.com/u/Translucent_Daydream)\ **Post date:** [July 7, 2019, 3:02pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/46 "2019-07-07T15:02:49Z")
> [@Inner\_Stickler](#): > > 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. My brother had his identity stolen by an hr person at a place he applied to but wasn’t hired. He found out a year later. Always give the paperwork to someone. What the hell is the problem with it? Especially if the third party (very often shitty) pulls the wrong stuff up about the person. ---
**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 8, 2019, 4:07am UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/47 "2019-07-08T04:07:47Z")
I wonder why OP hasn’t posted again here. Could it be the law-breaking? ---
**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 8, 2019, 4:59am UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/48 "2019-07-08T04:59:09Z")
> [@Inner\_Stickler](#): > > 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”. We used to ask applicants for their socials until one of our HR managers asked, “Why the hell are we asking for their socials?” We don’t need that information and we’re already responsible for keeping the PII of thousands of employees and former employees secure so why add applicants? And now we don’t get socials until someone accepts a job offer. ---
**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 8, 2019, 5:19am UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/49 "2019-07-08T05:19:12Z")
> [@Translucent\_Daydream](#): > > Always give the paperwork to someone. What the hell is the problem with it? Especially if the third party (very often shitty) pulls the wrong stuff up about the person. That’s good advice even if it weren’t legally required. I had a background check come back on a employee showing he committed several crimes in Florida. I contacted him, provided a copy of the report, and he was able to get it cleared up. Obviously it’s good for him because he got to start his job but it was also good for us because we put a lot of effort into recruiting someone to fill the position. ---
**Author:** ![Carryon](https://avatars.discourse-cdn.com/v4/letter/c/9fc29f/32.png) [@Carryon](https://boards.straightdope.com/u/Carryon)\ **Post date:** [July 8, 2019, 11:49pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/50 "2019-07-08T23:49:14Z")
> [@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. > > 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. Perhaps they never did it. I work with a lot of H/R officials and often the drug tests don’t test for drugs you think they are. The more they test, the more the cost. Most drug tests only list a potential list of drugs they can test for, not that they do test for. ---
**Author:** ![Carryon](https://avatars.discourse-cdn.com/v4/letter/c/9fc29f/32.png) [@Carryon](https://boards.straightdope.com/u/Carryon)\ **Post date:** [July 8, 2019, 11:51pm UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/51 "2019-07-08T23:51:14Z")
> [@Odesio](#): > > We used to ask applicants for their socials until one of our HR managers asked, “Why the hell are we asking for their socials?” We don’t need that information and we’re already responsible for keeping the PII of thousands of employees and former employees secure so why add applicants? And now we don’t get socials until someone accepts a job offer. This is 100% correct. I have had so many H/R managers tell me of applicants who have had ss information harvested. Remember the H/R manager is likely using clerks that make next to minimum wage to process forms. They can sell that information quite easily for a buck a pop. This sounds like little but it adds up quickly. ---
**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\ **Post date:** [July 9, 2019, 2:46am UTC](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467/52 "2019-07-09T02:46:23Z")
> [@KneadToKnow](#): > > Whatever you do, tread carefully and document everything. This person sounds like a prime candidate to sue you if you don’t hire them. > [@markn\_1](#): > > I agree that the candidate unilaterally changing the form is a red flag. . . . 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. > [@Mundane\_Super\_Hero](#): > > . . . When I got the signed authorization to perform the background check back from them, they added a line stating that they wanted a hard copy of any background check performed by us and they initialed it. > . . . Why all this terror of such a simple request? Performing a background check is very intrusive. You handed the candidate a form asking them to authorize you to run the check. They said “Fine, but I want a copy.” All this “ZOMG!! the form is sacred!!!” is complete crap. The candidate didn’t have the law completely right, but s/he had it more straight than our OP the Hiring Manager did. Sounds to me like a stellar candidate for an admin position. Sounds to me like the OP’s office needs just such a person. Companies should not be afraid of employees knowing their rights.; they should be very afraid of managers not knowing their employees rights. [Previous page](https://boards.straightdope.com/t/am-i-required-to-show-a-potential-employee-their-background-check/836467.md?page=2)