EEOC And FTC Jointly Issue New Background Check Guidance

The U.S. Equal Employment Opportunity Commission and the Federal Trade Commission recently joined forces to issue informal guidance explaining how federal anti-discrimination laws and the Fair Credit Reporting Act apply to the use of background checks in connection with personnel decisions.

On Monday, the agencies released a pair of technical assistance documents explaining the legal pitfalls associated with employers conducting background checks into applicants' and employees' criminal records, financial history, medical history, and use of social media. One document is for employers; the other is for job applicants and employees.

The guidance explains that, generally, it is not illegal for an employer to ask questions about an employee's or applicant's background, or to require a background check, except with respect to medical and genetic information (including family medical history).  The guidance advises employers not to ask any medical questions before