Have you ever wondered what a background check would reveal about your marital status? Most people assume that a background check only includes information about criminal history, but this is far from the truth. A comprehensive background check can reveal all sorts of personal information, including your marriage status.
So, does a background check show marital status? The answer is yes. Background checks typically include a range of personal information, from your address history to your employment history, and yes, your marital status. Whether you’re applying for a job or renting an apartment, it’s important to know what information could potentially be revealed in your background check.
While it may seem intrusive to have your personal information scrutinized, understanding what a background check entails can help you prepare for any surprises. Perhaps you forgot to include your marriage status on a job application, or maybe you’re in the middle of a divorce and need to prepare for any questions that may arise during the background check process. Whatever your situation may be, it’s important to understand what a background check could potentially reveal about your personal life.
What is a background check?
Before delving into whether or not a background check shows marital status, it’s important to first define what a background check actually is. In its simplest form, a background check is a comprehensive search of an individual’s past criminal, employment, educational, and financial records. These checks are typically done as a means of verifying that the individual is who they say they are, and that they don’t pose a risk to an organization or company that might be considering hiring, renting to, or lending money to them.
There are several different types of background checks, each of which may look for different things depending on the context in which they’re being used. Some common types of background checks include:
- Criminal background checks, which investigate an individual’s criminal history, including any arrests, convictions, or prison time they may have had
- Employment background checks, which are conducted by employers to verify a job applicant’s credentials, including their education, work history, and any relevant licenses they may hold
- Educational background checks, which confirm an individual’s educational credentials by checking with the institutions they claim to have attended
- Financial background checks, which help lenders and financial institutions determine an applicant’s creditworthiness and ability to pay back debts
While the specific details of a background check can vary depending on the purpose for which it’s being done, the goal is generally the same: to provide a comprehensive picture of an individual’s past history and behavior.
Marital status as a protected class
Protected classes are characteristics that cannot be used as a basis for discrimination or unequal treatment by employers, landlords, or other entities covered by anti-discrimination laws. Marital status is considered a protected class in several states and jurisdictions across the United States. Under the Fair Employment and Housing Act (FEHA) in California, for example, it is illegal for employers to discriminate against employees or job applicants based on their marital status.
- Marital status discrimination can take many forms, including:
- Refusing to hire or promote someone because they are single, married, divorced, or widowed
- Offering different job benefits or compensation based on marital status
- Terminating an employee or denying them training opportunities because of their marital status
While some states explicitly include marital status as a protected class, others do not. In states where marital status is not explicitly protected, it may still be protected under broader anti-discrimination laws. For example, the Civil Rights Act of 1964 prohibits discrimination based on sex, which has been interpreted to include discrimination on the basis of marital status.
It is important to note that marital status discrimination can also occur outside of the workplace. Landlords, for example, may discriminate against tenants based on their marital status. Under the Fair Housing Act, it is illegal to refuse to rent, sell, or negotiate housing based on a person’s marital status.
| State | Is marital status a protected class? |
|---|---|
| California | Yes |
| Texas | No |
| Florida | No |
| New York | Yes |
| Ohio | No |
Overall, while marital status is not always explicitly protected under anti-discrimination laws, it is important for individuals to be aware of their rights and options if they experience discrimination based on their marital status. As with any type of discrimination, it is crucial to document any incidents and consider consulting with a legal professional.
Can employers ask about marital status during the hiring process?
When applying for a job, it is common for employers to ask questions that pertain to an applicant’s personal information. This can include questions about their education, job history, and background. However, one question that many people wonder about is whether or not employers are allowed to ask about a candidate’s marital status during the hiring process.
- In the United States, employers are not legally allowed to ask about an applicant’s marital status during a job interview. This is because marital status is considered a protected class under federal anti-discrimination laws. These laws are in place to prevent employers from making hiring decisions based on an applicant’s age, race, gender, religion, national origin, disability, or marital status.
- Even though employers are not allowed to ask about marital status, some applicants may choose to disclose this information voluntarily. In some cases, an employer may indirectly ask about marital status by asking questions about an applicant’s family or personal life. However, it is important to remember that applicants are not required to answer these questions and can choose to keep their personal life private.
- It is important for employers to understand the legal implications of asking about an applicant’s marital status. If an employer is found to be in violation of anti-discrimination laws, they could face legal consequences and damage to their reputation. Additionally, it is important for employers to focus on an applicant’s qualifications and job-related skills when making hiring decisions.
While an employer cannot legally ask about marital status during the hiring process, there may be some situations where it is relevant information. For example, a job that requires a security clearance may require an applicant to disclose their marital status. In this case, the employer would need to provide a valid reason for why this information is necessary.
| Prohibited Marital Status Discrimination | Allowed Marital Status Discrimination |
|---|---|
| Refusing to hire someone because they are married. | Choosing to hire someone who has the same marital status as the majority of the workforce. |
| Refusing to hire someone who is divorced or widowed. | Choosing to offer certain benefits to married employees, such as family health insurance coverage. |
Overall, it is important for employers to understand the legal implications of asking about marital status during the hiring process. While it may seem like innocent small talk, this information can be used to make discriminatory hiring decisions. Instead, employers should focus on an applicant’s qualifications and job-related skills when making hiring decisions.
What information is included in a background check?
Running a background check may be necessary for a variety of reasons – employment screening, rental agreements, and even online dating. The purpose of a background check is to verify the accuracy of the information provided by the individual and to check for any potential red flags.
- Criminal history: A background check will typically reveal any criminal records of a person. This information includes any arrests, convictions, or even unresolved cases.
- Credit history: Background checks can verify a person’s credit history. This information includes outstanding debts, bankruptcies, foreclosures, and even past-due payments.
- Employment history: Employers often use background checks to verify a person’s employment history. This information includes previous positions held, job titles, and reasons for leaving.
Moreover, most employers are particularly interested in a candidate’s criminal record and education history. The reason being an applicant with a violent criminal record that indicates poor behavior control may pose a threat to the workplace. Alternatively, professionals with a long educational background may indicate a higher level of competency and potential for job growth.
Does a background check show marital status?
Most states in the US do not make marital status part of public records. Consequently, background checks usually do not reveal marital status – unless it is for employment in specific fields such as government. However, there is some concern about discrimination against individuals that have been divorced or separated.
| Marital Status | Primary Discrimination Concern |
|---|---|
| Single | None |
| Married | {{None}} |
| Divorced | Potential discrimination in employment or housing |
| Widowed | Potential discrimination in employment or housing |
There are no federal laws prohibiting discrimination against divorced individuals. However, there may be state laws that prohibit discrimination based on marital status, sexual orientation, or gender identity. When using background check reports for employment, employers must comply with the Fair Credit Reporting Act (FCRA) which mandates they use background checks for valid reasons and not discriminate against applicants and employees.
How far back can a background check go for marital history?
When conducting a background check, it’s essential that the information provided is accurate and up-to-date. But, how far back can a background check go for marital history? The answer depends on several factors, such as the state laws and the type of background check being conducted.
- State Law: Each state has its own laws regarding the accessibility of marital records. In some states, marital records are considered public information and can be accessed by anyone regardless of the time elapsed. In other states, access to these records may be restricted after a certain period.
- Civil or Criminal Check: A background check can be either a civil or criminal check. A civil check is typically used for employment and rental purposes and provides information such as credit history and civil court records, including divorces. A criminal check, on the other hand, focuses on criminal records, which may provide information about a person’s marital status if a crime was committed during the marriage.
- Data Availability: The availability of records also affects how far back a background check can go. If a state does not have an electronic database of marital records that can be accessed online, then a background check may not be able to retrieve the information.
To give you a better idea, let’s take a look at a table that shows the accessibility of marital records for selected states:
| State | Marital Record Accessibility |
|---|---|
| California | Public access |
| New York | Public access |
| Texas | Public access |
| Florida | Restricted access after 50 years |
| Ohio | Restricted access after 75 years |
As you can see from the table, some states have no restrictions on accessing marital records, while others have restrictions based on the time elapsed.
Overall, how far back a background check can go for marital history depends on several factors, including state laws, the type of background check being conducted, and data availability. It’s essential to work with a reputable background check provider that can guide you through the process and ensure that you obtain accurate and up-to-date information.
Is it legal for employers to discriminate based on marital status?
The Equal Employment Opportunity Commission (EEOC) prohibits discrimination against job candidates and employees based on their marital status. This means that employers cannot make hiring, firing, compensation, promotion, or any other employment decisions based on whether a person is married, single, divorced, or widowed. In addition, employers cannot retaliate against an employee who opposes discriminatory practices or participates in related proceedings.
- However, there are few exceptions to this rule that allow employers to ask for marital status information. For instance, employers can collect this information for tax purposes, spousal benefits, or employee benefits that may affect the spouse’s coverage. But even in these cases, the employer cannot use this information as a basis for discriminatory actions.
- In some states, marital status discrimination is illegal even if the employer has fewer than 15 employees. These states usually include California, New York, and Massachusetts.
- If you believe that you’ve been discriminated against based on your marital status, you can file a complaint with the EEOC or your state’s labor agency.
It’s important to note that some companies might try to use alternative questions to get information about your marital status or family plans, such as questions about your spouse’s occupation, your birth control method, or your pregnancy status. These questions are also illegal, and you can refuse to answer them.
Employers should focus on an applicant’s qualifications and job-related skills rather than irrelevant personal information like marital status. Job seekers do not have to disclose whether they are married or single during their interviews or on their applications. Ultimately, it’s up to you whether you want to disclose this information, but know that you have the legal right to keep it private.
Can you be denied a job because of your marital status?
It is illegal in the United States for an employer to discriminate against an individual based on their marital status. The Equal Employment Opportunity Commission (EEOC) provides guidelines outlining what employers can and cannot use to make hiring decisions. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin. Additionally, the Pregnancy Discrimination Act of 1978 amended Title VII to include pregnancy, childbirth, or related medical conditions as sex discrimination. However, there is no federal law that explicitly protects employees from discrimination based on marital status.
- Even though no federal law directly prohibits employers from discriminating based on marital status, some states do have laws that protect employees. For example, California and New York have specific laws prohibiting employment discrimination based on marital status.
- An employer may ask about an applicant’s marital status during the hiring process, but they cannot use this information as a basis for making a hiring decision.
- If an employer asks about an applicant’s marital status during an interview and the applicant feels uncomfortable answering the question, they can politely decline to answer it.
Although it is illegal for employers to discriminate based on marital status, it is still important to note that background checks may reveal this information. Some background checks may include information about an applicant’s marital status, especially if they have been divorced or have gone through bankruptcy. However, employers should not use this information to make hiring decisions.
| Things employers can legally ask during the hiring process: | Things employers cannot legally ask during the hiring process: |
|---|---|
| – Are you eligible for employment in the United States? – Can you perform the essential functions of the job? – Do you have the necessary experience or qualifications? – Have you ever been convicted of a crime? – Have you ever been fired from a job? |
– Are you married? – Do you have children? – What is your sexual orientation? – What is your religion? – What is your race? – What is your age? |
In conclusion, an employer cannot legally deny someone a job based on their marital status. If an employer does inquire about an applicant’s marital status during the hiring process, it is solely for record-keeping purposes, and it cannot legally influence the hiring decision. Ultimately, an employer has a legal and moral obligation to hire the best qualified candidate, regardless of their marital status or any other personal characteristics.
What types of industries commonly conduct background checks?
Background checks are becoming increasingly common across different sectors and industries. Several organizations and industries run these checks as part of their hiring processes to verify information about job candidates. While it’s not a legal requirement for employers to conduct background checks on job applicants, many believe that it helps to hire better-qualified and safer candidates. Here are some industries where background checks are frequently performed:
- Education: Schools and universities typically carry out background checks on their teaching staff and other personnel. Since educational institutions work with vulnerable populations like children, background checks are necessary to ensure the safety of students and employees.
- Healthcare: Hospitals, clinics, and other healthcare organizations have a responsibility to protect patients’ safety and welfare. As such, they often conduct thorough background checks on potential employees, including doctors, nurses, and administrators.
- Finance: The financial services industry involves handling sensitive and confidential information, making background checks an essential step in the hiring process. Banks, credit unions, and other financial institutions typically conduct credit and criminal background checks on employees who handle money and customer data.
- Government agencies: Employers in the public sector, such as government agencies and law enforcement, run meticulous background checks on job applicants. These checks are essential since many public sector positions require access to confidential and sensitive information.
- Transportation: Companies that employ drivers, pilots, and other transportation workers often require background checks to confirm that job candidates possess valid licenses and clean driving records.
- Retail: Retailers run background checks on potential employees to ensure they are trustworthy and reliable. Background checks screen applicants for past criminal records, education, employment history, and other relevant personal data that may affect job performance.
- Technology: Tech companies typically employ people who work with sensitive information and proprietary software. To maintain confidentiality and security of this valuable information, most IT companies perform background checks on potential employees.
- Manufacturing: Employers in the manufacturing industry perform background checks on job candidates seeking employment in positions that require knowledge of critical trade secrets or experience handling dangerous tools and equipment.
Employment Screening Trends in the US
According to a report by the National Association of Professional Background Screeners (NAPBS), more than 90% of employers carried out some form of background screening for job candidates in 2019. Criminal record checks, employment verification, and drug/alcohol testing were the most commonly performed background checks.
| Type of Background Check | Percentage of Employers Performing the Check |
|---|---|
| Criminal record check | 85% |
| Employment verification | 62% |
| Drug and alcohol testing | 46% |
| Education verification | 34% |
| Reference checks | 30% |
| Credit checks | 29% |
| Motor vehicle records | 23% |
From this data, it is clear that employers are taking employment screening seriously and that background check policies and regulations will continue to evolve as technology and social behavior continue to change.
How do employers verify marital status during a background check?
Employers conducting a background check often want to know whether an applicant is married or not. Although it is not illegal to ask about marital status during a job interview, many companies choose to verify this information through other means to avoid discrimination claims. Here are some ways that employers may verify an applicant’s marital status:
- Contacting references and former employers who may have knowledge of the applicant’s marital status
- Reviewing social media profiles for evidence of a marriage
- Checking public records, such as marriage licenses or divorce decrees
Many companies use third-party background check companies to conduct this research. These companies are skilled in searching and verifying information from various sources, including online databases, court records, and public documents.
In some cases, employers may need to verify an applicant’s marital status for legal or regulatory reasons. For example, government agencies may require background checks for security clearance or when hiring for positions that involve working with vulnerable populations.
If an employer does uncover information about an applicant’s marital status, that information should be kept confidential and not used as a basis for hiring decisions. Employers who make hiring decisions based on an applicant’s marital status can be exposed to discrimination lawsuits.
| Pros of verifying marital status during background checks: | Cons of verifying marital status during background checks: |
|---|---|
| Provides employers with more information about an applicant’s personal life and potential risks | Can lead to discrimination claims if not done carefully and fairly |
| May be necessary for certain job positions because of legal or regulatory requirements | May invade an applicant’s privacy |
| Can prevent a company from hiring someone who may have a criminal history or other negative behaviors | Can be difficult to interpret information obtained from sources like social media |
Overall, employers should exercise caution when verifying an applicant’s marital status during a background check. If the information is obtained, it should be used only for specific, job-related purposes and not as the sole basis for hiring decisions.
Can a Background Check Reveal a Person’s Sexual Orientation or Gender Identity?
As someone undergoing a background check, you might wonder if your sexual orientation or gender identity will be revealed. Rest assured that neither of these details will appear on a background report. There are federal and state laws that protect an individual’s right to privacy, which includes their sexual orientation and gender identity.
- The Equal Employment Opportunity Commission (EEOC) prohibits workplace discrimination based on sexual orientation and gender identity. It is illegal for an employer to ask an applicant or employee about their sexual orientation or gender identity.
- The Fair Credit Reporting Act (FCRA) is a federal law that regulates background checks. It requires that employers get written consent from the applicant or employee before conducting a background check. The FCRA also mandates that employers provide a copy of the report and give the applicant or employee a chance to dispute errors.
- In addition to federal laws, some states have their own laws that prohibit discrimination based on sexual orientation and gender identity. For example, California’s Fair Employment and Housing Act specifically includes sexual orientation and gender identity in its list of protected characteristics.
While a background check won’t reveal your sexual orientation or gender identity, it is possible that someone could learn this information through other means. For example, if you have a public social media profile in which you discuss your sexual orientation or gender identity, a potential employer could come across this information. However, most employers are not actively searching for this information, and it is unlikely to be a factor in hiring decisions.
Overall, you can be confident that a background check will not reveal your sexual orientation or gender identity. The law protects your right to privacy, and employers are not allowed to discriminate based on these characteristics.
FAQs About Does Background Check Show Marital Status?
1. Will my marital status appear on a background check report?
The answer is not straightforward. It depends on the type of background check being performed and the information sources used. Generally, the marital status may appear in public records, but not all background check companies will include this information.
2. What is the most common way to find someone’s marital status on a background check?
The most common way to find someone’s marital status in a background check is to look up public records such as court documents, property ownership records and marriage licenses and divorce decrees. However, for some reason, if these documents are not up to date or accurate, incorrect information may be retrieved.
3. Can an employer ask about my marital status during a background check?
It is generally illegal for an employer to ask about your marital status in any way during a background check, unless it is related to your eligibility for employee benefits.
4. Does my credit report show my marital status?
No, your credit report does not reveal information about your marital status. However, it may show the names of individuals to whom you are financially linked, such as joint account holders, authorized users, or co-signers.
5. What other personal information will appear on a background check?
A background check may include criminal records, driving records, employment history, education information, credit history, and social media activity, among other things.
6. Can I dispute inaccurate information on a background check report?
Yes, you can dispute inaccurate information on a background check report by contacting the company that conducted the background check and provide them with supporting evidence. The Fair Credit Reporting Act gives you rights when background checks are conducted for employment, housing or other purposes.
7. How can I prepare for a background check?
The best way to prepare for a background check is to gather all your personal information beforehand, such as your full name, date of birth, social security number, and employment history. Also, make sure that all your personal records are up-to-date and accurate.
Closing Paragraph: Thanks For Reading!
We hope that this FAQ has given you a better understanding of whether a background check shows marital status or not. Remember, it ultimately depends on the information sources used by the company conducting the check. But rest assured, your marital status is typically private information and should not be a factor in most background checks. Thank you for taking the time to read this article, and please come back again for more helpful tips and information.