Nowadays, there are lots of companies that conduct employment screening as part of their hiring process. Some companies even hire private investigation agencies to conduct background check of the applicant to verify the information stated in his or her job application. However, these private agencies have to follow certain rules and regulations while conducting the background searches. These regulations are often stated in various federal employment screening laws.
Federal employment screening laws are designed to protect the welfare of the applicants to some extent when the employer or the private agency hired conducts background investigation. That is why, companies should be aware of these laws as well as the different employment screening companies that provide pre-employment screening services.
The Americans with Disabilities Act of 1990
The Americans with Disabilities Act or ADA is one of the federal employment screening laws administered by the Employment Standards Administration. Under ADA, no employer, employment or recruitment agency, or any labor organization shall discriminate a qualified applicant with disability. When screening the disabled applicant during job interview, questions pertaining to his or her disability should not be asked especially if it has nothing to do with his or her job application. However, information like academic records, personal references, credit cards, and social security number can be accessed during the background check.
Employee Polygraph Protection Act
Aside from ADA, companies and private agencies should also follow the regulations under the EPPA or Employee Polygraph Protection Act. This act prohibits most employers from using lie-detector tests during the pre-employment screening process. They should not request or require any applicant to undergo a lie-detector test. But, when hiring employees in security service firms, EPPA permits polygraph tests for security reasons.
The ADA and the EPPA are just two of the existing federal employment screening laws that companies and private agencies should comply with. Rules and regulations stated in these laws should be strictly followed.