Criminal checks

Traditional criminal checks have protections for employees built-in to the system, courtesy of the Fair Credit Reporting Act (FCRA). State laws also serve to protect the subjects of employee background checks. Some criminal records dog job candidates longer than they would like, but at least the person is notified about the problem, and there are mechanisms for correcting inaccuracies. But in the Internet era, employers are increasingly using sites such as Google and MySpace to vet potential employees. What are the implications?

It is easy to see why the Google background check is so popular. It is free, instant, and can provide an insight into someone’s character in a way that an interview never would — after all, most interviews will not include details of bar hopping and sexual escapades. Criminal records may occasionally show up online, but the data found is often going to be from social networking sites. If someone posts data on themselves, through a public profile or blog, it is fair to expect that others may be looking. The situation gets murkier when third-parties post derogatory comments. It can difficult or impossible to prosecute […]