Short Answer
Overview
When an employer states that they will “consider” a background check, the term indicates that they will evaluate certain pieces of information from the report—such as criminal convictions, credit history, or employment verification—before reaching a hiring decision. The phrase does not guarantee a specific outcome; rather, it signals that the data will be part of the overall assessment.
History / Background
Background checks have been used for centuries, but modern electronic screening expanded rapidly in the late 20th century. Legislation such as the Fair Credit Reporting Act (FCRA) of 1970 introduced formal requirements for how consumer reports could be used in employment. Over time, courts and regulatory agencies clarified that employers must “consider” background information in a manner consistent with anti‑discrimination laws and state‑specific restrictions, leading to the current nuanced definition.
Importance and Impact
The way employers “consider” background data directly influences hiring fairness, legal compliance, and workplace safety. Proper consideration helps organizations mitigate risk while avoiding unlawful discrimination. Conversely, mishandling this step can result in lawsuits, fines, and reputational damage.
Why It Matters
For job seekers, knowing what “consider” entails clarifies how their past may affect eligibility and what rights they have to dispute inaccurate information. For employers, understanding the term ensures that screening practices align with federal and state regulations, reducing the likelihood of adverse action claims.
Common Misconceptions
“Consider” means the employer will automatically reject any negative finding.
Employers weigh the relevance, severity, and timing of findings; a negative item does not automatically disqualify a candidate.
Once an employer says they will “consider” a record, they cannot change their decision later.
Employers may revisit the information during later stages of the hiring process, provided they remain compliant with notice and dispute requirements.
FAQ
What does it mean when an employer says they will "consider" my background check?
It means the employer will review the information provided in the report—such as criminal or credit data—and weigh its relevance to the job before deciding whether to extend an offer.
Can an employer choose to disregard certain background information?
Yes, if the information is not job‑related, is too old, or is protected by law (e.g., a conviction that has been sealed), the employer may lawfully ignore it.
How do state laws affect what can be "considered" in a background check?
State statutes often impose additional limits, such as bans on considering arrests without convictions, restrictions on the age of convictions, or requirements for "ban the box" policies that delay consideration until after an initial interview.
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