Definition
A background check covers pre-hire verifications: criminal record, credentials, licences, past employment, sometimes credit history. It must be proportionate to the job and done with the candidate's consent.
Examples by jurisdiction
- Quebec: section 18.2 of the Charter prohibits penalizing a person for an offence unrelated to the job or for which they have been pardoned.
- Ontario: the Human Rights Code protects against employment discrimination based on record of offences; according to the Ontario Human Rights Commission, employers must consider whether the offence has a real effect on the person's ability to do the job.
- United States: when an employer uses a background screening company, the Fair Credit Reporting Act requires a stand-alone written disclosure and the candidate's written permission, then a pre-adverse action notice with a copy of the report before any unfavourable decision (FTC). The EEOC notes that anti-discrimination laws also apply to how this information is used.
General information, not legal advice.
Key takeaway
Check only what relates to the job, at the right time (often after a conditional offer), and tell the candidate what will be checked.