If we run background checks on potential new hires and the research company requires DOB, can I therefore include that on the application?

Asked on September 1, 2011 under Employment Labor Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the custom and practice of your Florida business is to do background checks on potential employees as part of the its job interviewing process and the company hired out to do the actual backgrounds checks needs the date of birth of each employee, all documentation associated with the interviewing process can be included as part of the applicant's package seeking employment.

I presume each applicant for a job with your company is aware that he or she will be subject to a background check as part of the job screening process. If so, then each of the applicant's are aware that information provided their potential employer could be used for a background investigation as to them. As such, they have not expectation of privacy concerning the information provided as part of the job application process.

Good question.

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