--- title: Does an Employer Need Applicant Consent Before a Background Check? description: When an employee signs applicant consent forms, it actually protects your company. Here's why employment background checks need authorization. image: https://blog.verifirst.com/hubfs/Blog_Images/Does%20an%20Employer%20Need%20Applicant%20Consent%20Before%20a%20Background%20Check.jpg --- [Employment Background Screening](https://blog.verifirst.com/topic/employment-background-screening) [Hiring and Recruiting](https://blog.verifirst.com/topic/hiring-and-recruiting) [Employment Law](https://blog.verifirst.com/topic/employment-law) # Does an Employer Need Applicant Consent Before a Background Check? [![Ryan Howard](https://app.hubspot.com/settings/avatar/29a1d4bf57e0e03d00a52ef501083a92)](https://blog.verifirst.com/author/ryan-howard) by [Ryan Howard](https://blog.verifirst.com/author/ryan-howard) 2 min read Fri, Sep 18, 2020 ![Does an Employer Need Applicant Consent Before a Background Check](https://blog.verifirst.com/hs-fs/hubfs/Blog_Images/Does%20an%20Employer%20Need%20Applicant%20Consent%20Before%20a%20Background%20Check.jpg?width=800&name=Does%20an%20Employer%20Need%20Applicant%20Consent%20Before%20a%20Background%20Check.jpg) The short answer is, **"Yes."** ## Read on to learn why an employer needs applicant consent to run a background check and how consent protects both parties. ### A Brief History of Background Checks and Consumer Privacy Background checks are one way for an employer to manage risk. They have to balance responsibilities to protect their own interests as well as employees. In the late 19th century, there were many companies who knowingly put their employees in harm's way. The earliest negligent hiring laws were put into place in the early 20th century after a workplace prank accidentally killed another employee. The laws gradually expanded to protect customers and more employers were held responsible for the actions of their workers. Screening before hiring helps employers to prevent damages, keep their employees and customers safe. By the late 50's and 60's, consumer behavior was being tracked in the name of credit reporting for banks and retailers. This information included arrests, marriages, divorces  and, in some cases, prevented some individuals from obtaining loans, housing or employment. By 1970, a federal regulation was passed to ensure the information being collected was accurate and representative of the individual.  The Fair Credit Reporting Act (FCRA), as it was called, protects consumers and the consolidation of their data.  #### Why Does An Employer Need Applicant Consent? When someone applies for a job, they're providing personal information such as their address, phone number, social security number and other employment details. An applicant is, in effect, entering into an agreement with the employer that their personal data will be protected and secure. If the employer chooses to uncover more information, such as screening an applicant's background, the applicant is again, under the assumption that the employer will protect their private data and verify that the data is true. This assumption is offered weight because of the Fair Credit Reporting Act.  [![Free: Online Applicant Consent Portal](https://no-cache.hubspot.com/cta/default/157703/914a9445-e3f7-4676-b544-13415daf1230.png)](https://cta-redirect.hubspot.com/cta/redirect/157703/914a9445-e3f7-4676-b544-13415daf1230) ##### How Does Applicant Consent Protect Both Parties? The FCRA requires that employers obtain applicant consent to a background check and offers the following protections to individuals: - Consent is required for anyone to obtain the consumer's background report - The person requesting the report must have "permissible purpose" such as: - for employment - for credit - for insurance - The consumer must be told if the information will be used against them - The consumer has the right to know what's on their report - The consumer has the right to dispute inaccurate or outdated information on their report When an employer follows the guidance provided by the FCRA, they are protecting consumer rights and ensuring they will not face FCRA litigation by the Federal Trade Commission.  See also: [The Do's and Don'ts of Applicant Consent](https://blog.verifirst.com/the-dos-donts-of-employment-applicant-consent) ###### Interested in decreasing turnaround time for applicant consent and background checks? Click below to watch a video about VeriFirst's Free Online Consent Portal: #### Share this [Share on X ](https://x.com/intent/post?url=https://blog.verifirst.com/does-an-employer-need-applicant-consent-background-check&text=Does+an+Employer+Need+Applicant+Consent+Before+a+Background+Check%3F) [Share on Facebook ](https://www.facebook.com/sharer/sharer.php?u=https://blog.verifirst.com/does-an-employer-need-applicant-consent-background-check&t=Does+an+Employer+Need+Applicant+Consent+Before+a+Background+Check%3F) [Share on LinkedIn ](https://www.linkedin.com/shareArticle?mini=true&url=https://blog.verifirst.com/does-an-employer-need-applicant-consent-background-check&t=Does+an+Employer+Need+Applicant+Consent+Before+a+Background+Check%3F) Previous story [← Why An Employee Would Quit Your Company during COVID-19](https://blog.verifirst.com/why-employee-quits-during-covid-pandemic) Next story [How Employers Can Support The Right to Vote →](https://blog.verifirst.com/how-employers-can-support-the-right-to-vote) ### You May Also Like These Related Stories [Hiring Trends and Employment Law in 2019](https://blog.verifirst.com/hiring-trends-and-employment-law-in-2019) ![Hiring and Background Check Trends for 2019](https://blog.verifirst.com/hubfs/Blog_Images/Hiring%20and%20Background%20Check%20Trends%20for%202019.png) [Human Resources](https://blog.verifirst.com/topic/human-resources) #### Hiring Trends and Employment Law in 2019 Thu, Jan 03, 2019 3 min read [Does Remote Work Pose a Challenge for Employee Background Checks?](https://blog.verifirst.com/does-remote-work-pose-a-challenge-for-employee-background-checks) ![Does Remote Work Pose a Challenge for Employee Background Checks](https://blog.verifirst.com/hubfs/Blog_Images/Does%20Remote%20Work%20Pose%20a%20Challenge%20for%20Employee%20Background%20Checks.jpg) [Human Resources](https://blog.verifirst.com/topic/human-resources) #### Does Remote Work Pose a Challenge for Employee Background Checks? Fri, Jul 01, 2022 2 min read [What is the EEOC Enforcement Guidance for Criminal Records?](https://blog.verifirst.com/what-is-the-eeoc-enforcement-guidance-for-criminal-records) ![What is the EEOC Enforcement Guidance for Criminal Records?](https://blog.verifirst.com/hubfs/Blog_Images/What%20is%20the%20EEOC%20Enforcement%20Guidance%20for%20Criminal%20Records.jpg) [Human Resources](https://blog.verifirst.com/topic/human-resources) #### What is the EEOC Enforcement Guidance for Criminal Records? Fri, May 06, 2022 2 min read ### Get Email Notifications ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Ryan Howard", "url" : "https://blog.verifirst.com/author/ryan-howard" }, "dateModified" : "2020-09-18T20:26:22.984Z", "datePublished" : "2020-09-18T20:26:22.000Z", "headline" : "Does an Employer Need Applicant Consent Before a Background Check?", "image" : [ "https://blog.verifirst.com/hubfs/Blog_Images/Does%20an%20Employer%20Need%20Applicant%20Consent%20Before%20a%20Background%20Check.jpg" ], "mainEntityOfPage" : { "@id" : "https://blog.verifirst.com/does-an-employer-need-applicant-consent-background-check", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.verifirst.com/hs-fs/hub/157703/file-1399347280.png" }, "name" : "VeriFirst" } } ```