General Question

[staceyann]

Hello,
I have a general question about background checks.
I live in Florida and I am wondering in general when is an agency or employer permitted to conduct a background check and what laws govern wether they can deny employment or services based on a persons refusal to undergo the check?

I hope this is not to vague.
Thank you.

 

[JETX]

What do you mean by 'background' checks??
What position are you applying for??

Are you talking about contacting your former employers for your history??
Perfectly legal.

Are you talking about criminal checks?
Generally, legal if a position of responsibility or care (teacher, etc.).

Are you talking about credit history??
Sometimes legal. And always legal if permission is granted.

Finally, "what laws govern wether they can deny employment or services based on a persons refusal to undergo the check?"
Unless you are 'protected' by some vague state law (we have no idea where you are.... see the RED text at the top of the screen??), you have no recourse to a potential employer who refuses to hire you. Even if that 'non-hire' is do to your refusal to "undergo the check".

 

[staceyann]

I sincerely appriciate your response.
I did however include the state I am in. (Florida)
To clarify the matter.
By "background check" I am referring to is a criminal background check.
I am not applying for any position.
You see my situation doesn't involve employment but I noticed that this forum addresses background investigations so I thought I may beable to find the information I need here.
My situation involves a school district that Insists that all parents sign up as volunteers and as such must undergo criminal background investigations. If the parent refuses to sign up as a volunteer ( and undergo a criminal check) then they are unable to attend field trips and other school activities with there children.
In essence the school district, I feel, is trying to run criminal checks on all of the parents. This disturbs me on many levels.
I did post under education but I was hoping to find further information.
To be specific, I would like to know what law enables the school to dictate that I, as my childs parent, cannot attend a function with him without first allowing a background check.
I realize this is out of the field for this forum but I hope I have clarified the situation.
Again I appriciate your response and I apologize for being so vague in my initial post.
Sincerely,

 

[JETX]

Thank you for your clarification. I guess in my haste to try to find out the problem I overlooked the state in your post. My error and I apologize.

Now, to your situation. Sorry, but as a fellow parent, I would certainly want the other parents that are in a position to be dealing with my children to be checked out. And the school certainly has a potential liability issue here. Can you imagine the uproar (and lawsuits) if some parent were found to have 'done harm' to one of the students while in the parents custody or care??

I also think you are overstating your case. I don't believe the school has barred your attending functions with your child ("I, as my childs parent, cannot attend a function with him without first allowing a background check"). The 'function' you are referring to is very probably a field trip that could put the child in a 'control' situation with the parent 'chaperones'. As such, the school is well within their bounds, and even obligated, to assure ALL the parents that their children will be in safe hands. I am sure that you would want no less for your children.

Best to you.. and keep your children safe.