Job Background Check & Polygraph Test

When applying for a job, especially in sensitive industries, employers often conduct a background check and, in some cases, require a polygraph test. These measures ensure that potential employees are trustworthy, qualified, and free from any concerning history that could impact their job performance. This article explores the processes, legal considerations, and impact of job background checks and polygraph tests.

Job Background Check

What is a Job Background Check?

A job background check is a screening process used by employers to verify an applicant’s credentials, employment history, criminal record, credit history, and more. The depth of the check depends on the employer and the nature of the job.

Types of Background Checks

1. Criminal Background Check – Determines if an applicant has any criminal records.
2. Employment Verification – Confirms past employment history and job titles.
3. Education Verification – Ensures that the applicant has the degrees and certifications they claim.
4. Credit Check – Reviews financial history, often required for financial or government jobs.
5. Driving Record Check – Required for positions involving driving responsibilities.
6. Drug Testing – Some employers require pre-employment drug screening.

Legal Aspects of Background Checks

Employers must comply with the Fair Credit Reporting Act (FCRA) and other state laws when conducting background checks. They must:

• Obtain the applicant’s written consent before running a check.
• Notify the applicant if adverse action is taken based on the report.
• Provide a copy of the background check report to the applicant if requested.

How Employers Use Background Checks

Employers use background checks to:

• Ensure workplace safety.
• Verify the truthfulness of a candidate’s resume.
• Protect company reputation and assets.
• Comply with industry-specific regulations.

Common Reasons for Failing a Background Check

Applicants may fail a background check for reasons such as:

• A criminal history that disqualifies them from the role.
• False information on a resume or application.
• Poor credit history (for financial-related positions).
• A failed drug test.
• A problematic driving record (for driving jobs).

Polygraph Test

What is a Polygraph Test?

A polygraph test, commonly known as a lie detector test, measures physiological responses—such as heart rate, blood pressure, and respiration—while an individual answers a series of questions. The test aims to determine whether the person is being truthful.

When Are Polygraph Tests Used in Employment?

Polygraph tests are not commonly used in standard employment screening due to legal restrictions. However, they may be required in specific industries, including:

• Law enforcement agencies (e.g., FBI, CIA, police departments).
• Government positions that require security clearance.
• Private security firms and certain defense contractors.
• Jobs involving controlled substances (such as pharmaceutical manufacturing).

Legal Restrictions on Polygraph Tests

Under the Employee Polygraph Protection Act (EPPA), most private employers in the U.S. cannot require polygraph tests as a condition of employment. However, exceptions include:

• Government agencies.
• Certain security-sensitive positions.
• Employers investigating theft, fraud, or embezzlement (with limitations).

Employers who use polygraph tests must follow strict guidelines:

• Written notice must be provided to the applicant.
• The test must be administered by a licensed examiner.
• The employer cannot ask broad, personal, or discriminatory questions.

Accuracy of Polygraph Tests

Polygraph tests are not 100% reliable. Factors such as stress, anxiety, and medical conditions can influence results. Due to these concerns, polygraph test results are often not admissible in court and are controversial in employment decisions.

What Happens During a Polygraph Test?

1. Pre-test phase – The examiner explains the process and reviews questions.
2. Testing phase – The applicant answers a set of control and relevant questions while being monitored.
3. Analysis phase – The examiner reviews physiological responses to determine deception or truthfulness.
4. Post-test phase – The examiner discusses the results with the applicant.

Pros and Cons of Polygraph Tests

Pros:

• Can deter dishonest applicants from applying.
• May uncover important information in high-security jobs.
• Used as a tool in criminal and security investigations.

Cons:

• Not entirely accurate; false positives/negatives are possible.
• Can be influenced by anxiety or nervousness.
• Limited legal use in employment settings.

Differences Between Background Checks and Polygraph Tests

Best Practices for Job Seekers

If you are applying for a job that requires a background check or polygraph test, consider the following:

• Be honest on your application. Any false information can lead to disqualification.
• Check your records. Review your credit report and criminal record (if applicable) to ensure accuracy.
• Know your rights. Understand legal protections related to background checks and polygraph testing.
• Prepare for a polygraph test. If required, stay calm, answer honestly, and understand the process.

Conclusion

A background check is a common part of the hiring process to verify an applicant’s credentials, while a polygraph test is a specialized tool used primarily for security-sensitive roles. Understanding these processes helps job seekers prepare effectively and employers ensure they hire trustworthy individuals. Knowing your legal rights and obligations is crucial to navigating these assessments successfully.