Driving records - I am an employee, are there any laws that can protect me against inaccurate background checks?

Although background checks are widely prevalent in this country today, it is unfortunate that there are no specific federal laws that can be referred to as “background check laws.” However, there are many others laws that have provisions related to background checks in some way. These laws are important for employees to know so that they are aware of their rights and on ways on how to protect themselves against employers who step beyond the boundaries.

One of the most common law associated with background checks are the FCRA or the Fair Credit Reporting Act, which is a set of guidelines created by the federal government to regulate all credit and consumer reports that are commonly included in background screenings. This requires that only accurate and updated information can be used for credit and consumer reports. This also mandates employers to ask permission from applicants through a written form that they are aware and that they allow the background check.

Another related act is the American with Disabilities Act (ADA), which states that people who have physical, or mental impairment should not be discriminated because of their disability. Employers are inhibited from using their medical or disability records as part of the hiring process and from asking any questions regarding a person’s disability during the interview.

The Federal Bankruptcy Act (FBA) meanwhile prohibits employers to discriminate applicants who have had bankruptcy records. The Gramm-Leach-Billey Act or the GLBA monitors the information gathered from financial institutions while the Driver’s Privacy Protection Act or DPPA regulates the driving records and criminal records released from the Department of Motor Vehicles (DMV).

Aside from knowing and studying about these laws, it is also an advisable option for you to conduct a background check on yourself so you will find out if there are indeed any pieces of wrong information associated to your background.