Are employers allowed to conduct background checks on job applicants?

In Texas, employers are allowed to conduct background checks on job applicants. Before conducting such a check, the employer must first obtain the written consent of the applicant. This written consent must be on a separate document and must state clearly that the applicant has given permission for the employer to conduct a background check. The background check must be relevant to the job being applied for, and the employer cannot ask the applicant to pay for the cost of it. It may include a review of criminal convictions, driving records, credit history, and reference checks. But the employer must ensure that the check does not unlawfully discriminate against an applicant because of their race, religion, gender, or other protected characteristics. Additionally, the employer must follow the Fair Credit Reporting Act when conducting a background check. This means that employers must provide the applicant with a copy of their background report and give them time to review it before making any hiring decisions. Ultimately, employers are allowed to conduct background checks in Texas, but must do so with the consent of the applicant and in compliance with the law.

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