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TOPIC: Does State Rehabiliation show in background check?

Does State Rehabiliation show in background check? 8 years 1 month ago #204

  • Malakai1
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Does getting rehabilitation from the State for an LD show up in a person's background check?

Someone here suggested I go for vocational rehabilitation through the State. They will have to get my social security number and get my school records. I'm just worried that after I complete a program like this, it might show up in a background check that a possible employer does on me. This is the last thing I want or need!

I asked one of the directors at the Rehabilitation clinic, and she did not know.

Basically, a pre employment check is a process which tries to determine identity and background when hiring a new employee. The pre employment check is more popular than psychometric testing and drug testing. However, as a job candidate, your privacy rights are protected by several laws. According to, these laws include:

1. The Fair Credit Reporting Act (FCRA).
2. The Driver’s Privacy Protection Act.
3. The American with Disabilities Act (ADA).
4. Different states have different legal frame works, such as the Investigative Consumer Reporting Agencies Act which exists in California.

Generally, employers always get written permission, especially if they do a credit check. The FCRA is very strict on this and can cause the employer a lot of trouble and fines if he does not have your permission for a credit check. However, information like criminal records is available to the public and he does not need your permission to check it.

If your employer does the check himself, and does not pay an outside company to do it, he is allowed to get almost all the information that he can get, without your permission.

Employers are allowed to get information about you if it directly affects your job duties. For example, if you will be a delivery truck driver, then your employer can check your driving records. If you will be a cashier and handle money, he can do a credit check.

Discussing Disability with the Potential Employer

The ADA prohibits employers from asking questions that are likely to reveal the existence of a disability before making a job offer (i.e., the pre-offer period). This prohibition covers written questionnaires and inquiries made during interviews, as well as medical examinations. However, such questions and medical examinations are permitted after extending a job offer but before the individual begins work (i.e., the post-offer period).

What are examples of questions that an employer cannot ask on an application or during an interview?

Examples of prohibited questions during the pre-offer period include:
• Do you have a heart condition? Do you have asthma or any other difficulties breathing?
• Do you have a disability which would interfere with your ability to perform the job?
• How many days were you sick last year?
• Have you ever filed for workers' compensation? Have you ever been injured on the job?
• Have you ever been treated for mental health problems?
• What prescription drugs are you currently taking?

May the employer ask me these questions after making a job offer?

Yes. An employer can ask all of the questions listed in Question 9, and others that are likely to reveal the existence of a disability, after it extends you a job offer as long as it asks the same questions of other applicants offered the same type of job. In other words, an employer cannot ask such questions only of those who have obvious disabilities. Similarly, an employer may require a medical examination after making a job offer as long as it requires the same medical examination of other applicants offered the same type of job.

May an employer ask me whether I will need a reasonable accommodation for the hiring process?

Yes. An employer may tell all applicants what the hiring process involves (for example, an interview, timed written test, or job demonstration), and then ask whether they will need a reasonable accommodation for this process. (See Question 16 for a discussion about employers asking about an applicant's need for reasonable accommodation for the job.)

I have an obvious disability. Can an employer ask me medical questions during an interview?

No. Except as explained in Question 15 below, an employer cannot ask questions about an applicant's disability either because it is visible or because the applicant has voluntarily disclosed a hidden disability.

After I got a job offer, the employer had me take a medical examination in which I revealed I have epilepsy. Can the employer withdraw my job offer?

While the employer had the right to require a post-offer medical examination, he cannot withdraw the job offer solely because you revealed you have a disability. Instead, the employer can withdraw the job offer only if it can show that you are unable to perform the essential functions of the job (with or without reasonable accommodation), or that you pose a significant risk of causing substantial harm to yourself or others.

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