{"id":357768,"date":"2016-04-04T10:45:26","date_gmt":"2016-04-04T15:45:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/hiring-process\/pre-employment-background-check-laws.html"},"modified":"2026-06-23T14:46:17","modified_gmt":"2026-06-23T19:46:17","slug":"pre-employment-background-check-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/hiring-process\/pre-employment-background-check-laws.html","title":{"rendered":"Background Check Laws: Your Rights as a Job Seeker"},"content":{"rendered":"\n
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Background Check Laws: Your Rights as a Job Seeker<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Federal and state background check<\/span> laws<\/span> protect the privacy and legal rights of job seekers during the hiring process<\/span>. These laws, such as the Fair Credit Reporting Act<\/span> (FCRA<\/span>), require employers to get written consent before conducting <\/span>background checks<\/span>. Recent updates include AI-generated scores and social media<\/span> dossiers as consumer reports.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

If you\u2019re like most people, you know what it\u2019s like to spend weeks (or months) sifting through online job postings looking for the perfect job opportunity. As such, you understand that most employers today require applicants to consent to a background check<\/span> as part of the hiring process<\/span>.<\/p>\n

You have legal rights regarding these background checks<\/span>. Many companies rely on AI firms to generate applicant risk scores for job applicants<\/span>. These scores, along with the data AI algorithms collect, can make or break whether a hiring manager invites a candidate to interview with their company.<\/p>\n

The good news is that federal and state laws<\/span> protect your privacy and give you rights to access, review, and dispute background check<\/span> information. Unfortunately, it isn\u2019t practicable to challenge every AI-generated applicant score. Finding a new job is hard enough without worrying about how technology will affect your career opportunities.<\/p>\n

This article will explain your rights regarding background reports<\/span> during your job search. It also discusses the laws and agencies that protect you, such as the Fair Credit Reporting Act<\/span> (FCRA<\/span>) and the Consumer Financial Protection Bureau (CFPB).<\/p>\n

The Fair Credit Reporting Act<\/span> (FCRA<\/span>): Your Primary Protection<\/h2>\n

In general, there\u2019s nothing wrong with potential employers conducting <\/span>background checks<\/span>. Issues can arise when agencies report inaccurate or unfair information about a job seeker. For purposes of employment screens and background checks<\/span>, job applicants<\/span> qualify as consumers. This means that the Fair Credit Reporting Act<\/span> (FCRA<\/span>) applies to agencies that release information about prospective employees.<\/p>\n

According to the FCRA<\/span>, consumers have the right to dispute inaccurate or unfair information on background reports<\/span>. Furthermore, the law requires that agencies notify consumers when information they report has an adverse impact on the consumers. Given the impact that negative reporting can have on job seekers, it\u2019s worth discussing the FCRA<\/span>‘s protections a bit further.<\/p>\n

What Does the FCRA<\/span> Cover?<\/h3>\n

The FCRA<\/span> offers extensive protections. It covers how agencies collect personal information about consumers, how long they keep it, and how they share it with other entities, including potential employers.<\/p>\n

The FCRA<\/span> covers unfair marks on a credit report<\/span>\u00a0and offers protections\u00a0for employment as well. These can include:<\/p>\n