Screen applicants safely by using the same job-related screening criteria for everyone, following the law where you hire, and treating any background report as information to verify—not as an automatic verdict. In the United States, if you obtain a background report from a reporting company, federal Fair Credit Reporting Act (FCRA) procedures require a standalone written disclosure and the applicant’s written permission before you request it. For an in-person interview, use ordinary professional precautions; add measures such as having a colleague present when a specific concern or workplace policy supports them.
Start with consistent, job-related screening criteria
Decide what qualifications and information matter for the role before reviewing applicants. Apply the same criteria and process to each person. As the EEOC and FTC put it in their joint employer guidance, “In all cases, make sure that you’re treating everyone equally.” The agencies’ guidance, issued March 11, 2014, is technical assistance rather than a law with independent force; federal, state, and local requirements still govern.
- Connect each screening question or check to the work the person would do.
- Use the same steps and standards for applicants to the same role, and avoid discriminatory use of background information.
- Check state and local rules before asking about criminal or credit history. Laws can restrict whether or when an employer may ask.
- Do not assume every employer must run a background check. The applicable process depends on the information sought, how it is obtained, and the jurisdiction.
EEOC and FTC: Background Checks: What Employers Need to Know
Know when the FCRA applies and follow its steps
In the United States, the FCRA applies when an employer obtains an employment background report from a company that compiles such information for others. It does not make every form of reference-checking or applicant research identical; determine whether the source and report bring the process under the FCRA. When they do, follow the required steps before requesting a report and before making an adverse decision based on it.
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- 【Complete Photo Backdrop Kit】：Includes 1 foldable photo board, 10 double-sided backdrop papers with 20 patterns, 2 clamps, 2 L brackets, and 1 carrying bag. A practical tabletop photography kit for small product photos, flat lays, and daily content creation.
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- Before requesting the report: Give the applicant a clear written disclosure in a document that stands alone, and obtain written permission. The FTC explains these requirements in its employer background-check guidance.
- Before rejecting or otherwise taking adverse action based on the report: Provide the applicant a copy of the report and the FCRA summary of rights, giving them an opportunity to review the information before the decision.
- After the adverse decision: Send the required adverse-action notice. It must identify the reporting company and explain the applicant’s rights to dispute the report and obtain another free copy from that company within the applicable period.
These are report-specific federal procedures, not a general permission to collect any information or a substitute for state and local rules. The FTC notes that city and state laws can affect when employers may ask about criminal or credit history.
Assess criminal-history information rather than treating it as a verdict
A criminal record does not by itself establish that someone is currently dangerous or unsuitable. If criminal-history information is legally available and relevant to the role, assess its accuracy and connection to the job’s actual duties and risks. Give the applicant a chance to explain or correct information before relying on it.
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- Check whether the information is accurate and actually concerns the applicant.
- Consider the nature of the conduct, how it relates to the role, and the responsibilities and risks involved.
- Allow the applicant to provide context or identify errors.
- Do not treat an arrest as proof of guilt. EEOC guidance says an arrest may prompt an inquiry into the underlying conduct, but the arrest itself does not establish that the person committed it.
Build any criminal-record policy around job relevance and business necessity, apply it consistently, and confirm that it complies with the rules in the hiring location. Avoid blanket exclusions that screen out applicants without an individualized, role-related basis. See the EEOC guidance on arrest and conviction records.
Keep medical and genetic information out of pre-offer screening
Before a conditional job offer, do not ask applicants medical questions or require medical examinations as part of screening. Do not seek genetic information, including family medical history, except in limited circumstances recognized by law. These restrictions are separate from the question of whether an applicant’s background seems relevant to the job. Consult applicable federal, state, and local rules when setting up the process.
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- 250 FD-258 cards, used by the Federal Bureau of Investigation (FBI), U.S. Citizenship and Immigration Services (USCIS), and other state and federal agencies. FD-258 cards are intended for all applicant-level processing, including employment screening, professional licensing, and immigration applications.
- This is the current version (10/31/2023) of the FD-258 Applicant Fingerprint Card.
- Includes a printed guide and a link to a video detailing the standard procedure for rolling fingerprints.
The EEOC and FTC discuss these limits in their joint employer guidance; the EEOC also explains protections concerning genetic information in its employment guidance.
Use proportionate precautions for an in-person interview
Most applicant interviews call for a normal professional setting, not an assumption that the applicant is a threat. Choose a suitable workplace or other professional location, and tell a colleague when and where the interview will take place. If a concrete concern or workplace policy justifies additional precautions, consider a staffed or public interview area, having another staff member join, and notifying a manager of the meeting details.
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- Clear impressions: our thumbprint ink pads can produce clean, clear impressions, can be evenly pressed on many pieces of paper, which allows business owners and office workers to provide clear and detailed instructions for quick executions, convenient and practical to use
- Product detail: the package includes 3 pieces circular stamp pads, each ink pad measures approx. 4.2 x 4.2 x 1.4 cm/ 1.7 x 1.7 x 0.6 inch, enough quantity can meet your various needs or as backup in daily life, you can also share with others
- Portable design: if you are looking for a handy black ink pad for thumbprints, this is a wise option to choose; Easy to fit in a bag or pocket for on the go needs as well; The ink attaches to the skin well to ensure proper marks on the document, so that you don't need to worry about pressing your fingers around multiple times
- Easy wipe: the thumbprint pad would provide clear imprints, safe and useful, the ink can be easily wiped by using a wet wipe or a makeup remover wipe, suitable for both one time use as well as for frequent use; Please be careful not to wait for it to dry before cleaning it
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These are practical options, not universal hiring mandates or a guarantee of safety. The public-area and colleague examples come from narrower settings: UK Department for Work and Pensions provider guidance and Florida Agency for Persons with Disabilities material for supported employment. They should not be presented as EEOC or FTC requirements or as evidence that applicants generally pose a danger.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Keep the process fair, accurate, and limited to its purpose
Before using a screening method or report, check that it is allowed in the relevant jurisdiction, relevant to the job, and handled consistently. Make a clear process for applicants to review and respond to information, especially when a third-party report could influence a decision. Limit access to sensitive information to people who need it for the hiring process. A background check is one input into a decision; it cannot guarantee personal safety or replace sound interview practices.
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