Fema Employment
Do pre-employment FBI background checks access medical records?
My understanding is that it covers criminal records, credit history, and other things, but cannot access medical records. The site I read stated that medical records are sealed (even from the government) unless you sign a consent form.
Public Comments
- That's exactly correct. Unfortunately, given the behavior of the FBI in other areas lately, including extensive illegal surveillance activities, I wouldn't assume they will abide by the law.
- FBI background checks are limited to criminal and national security matters. "Pre" employment investigations cannot access your medical records while your are interviewing. But after a company makes you a job offer, they are allowed to check your medical records if they affect your job. However, you must sign an authorization form, which you can refuse, but refusing can have other consequences. They are entitled to information that affects your job. For example, if you claim a disability and need workplace modification to accommodate your disability, they can verify the extent of your disability from your medical records. Your privacy rights are protected by: http://backgroundsearch.com/KWitems/KWnews/pre-employment-background-check.html 1. The Fair Credit Reporting Act (FCRA). Under the provisions of the FCRA, your company is required to obtain from the applicants a disclosure form granting authorization to conduct a pre employment background check on them. The provisions do not cover only credit reports, but all consumer reports relevant to a pre employment background check. 2. The Driver’s Privacy Protection Act. Usually, a pre employment background check also includes a DMV record check. However, personal information cannot be released if the company requesting it does not have a permissible use. 3. The American with Disabilities Act (ADA). Under ADA, employers are prohibited to use medical or disability data in their pre employment background check 4. Other legal provisions. Different states have different legal frameworks, such as the Investigative Consumer Reporting Agencies Act which exists in California.
