Defamation laws (that include libel and slander) are also meant to protect employees from harmful and false testimony from past employers (Employee Issues, 2008). Generally, offhand comments and remarks are permitted such as nicknames, but untruthful and unjust or malicious statements that will harm the chances of employment are not permitted.
The Fair Credit Reporting Act 1970 (FCRA) makes it clear that the employer has to inform the employee or candidate that a background check is being initiated and if based on the check decides to fire or not hire the person, must give a reasonable explanation (Lawyer, 2009). But many employees do not know their rights and employers have conducted investigations without the consent of employees.
Basically, as results have shown, employers have wrongfully used background checks to exploit minority people or physically disabled people. Employers can check with past employers for your information as far as ten years back (Allen). Based on some vague fact unrelated to the job, they may refuse employment. Therefore, in we are of the opinion, background checks are often discriminatory and an invasion of privacy. As long as there is no public information, background checks should not be used or used by the consent of the employee.
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