Most people, small business owners and employees, generally have an accurate perception about what's right and wrong, when it comes to background checks. Parties are familiar with fair labor standards, and laws regarding equal employment and discrimination. That's why, I believe that 95% of employers looking to hire new employees, generally go about things the right way. As for the other 5%, they'd do it wrong, in spite of the person giving them sound advice.
However, there's some sticky instances, like background checks, that both employers and employees need to be aware of. These situations require an acute awareness of the rights and responsibilities both parties need to be aware of.
One of the best resources I've discovered is the Privacy Rights Clearinghouse. The organization's website give clear and concise rules regarding a variety of issues, and particularly issues dealing with background checks.
The site has two sections directed toward employees, and to employers. There are a number of other sections to explore like the fact sheet on workplace monitoring.
I'd encourage you to add this to your list of bookmarked employment reference resources. However, if you're an employer, you should never forget to consult with a small business attorney before you take a prescribed course of action. If you're an employee, and you feel your employer is violating your privacy and legal rights, you need to discuss the situation with a qualified employment attorney. Regardless of your situation, the few moments and small amount of money you spend discussing your case with an attorney, could save you a significant headache or help protect your legal rights.
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