Background Checks On Job Applicants: What Is Allowed?

The words of the poet Friedrich Schiller, "So test therefore, who join (forever)," apply not only to relationships between romantic partners, but to relationships between employers and employees as well, since the employer and employee enter into a permanent debt relationship upon concluding an employment contract. Once the federally mandated protection against unlawful dismissal applies (i.e., after six months), the employee can be terminated only under very restricted conditions.

Initial Position: The Employer's Right to Ask

The employer, understandably, would like to have as much information as possible about an applicant and his/her professional and personal/social qualifications prior to concluding an employment contract, in order to find out whether the applicant is "suitable." At a job interview and/or in a personnel questionnaire, the applicant answers questions regarding skills, knowledge, and experience; provides details about his/her vocational training