Employers need to have permission from the applicant or employee. They must have consent to do background investigation, to contact past employers and to contact government agencies. They should also have to cooperate with the investigation process. The inquisition should be appropriate to the employment of the applicant. If an affiliate of the military is being hired, consent is greatly required. They have confidential records so they have privacy in their service records. School credentials are also covered with strict policies under some schools and universities, and approval is really required.

Background checking is conducted for the purpose of verifying whether an applicant is submitting reliable information. It is because some had maybe committed a previous offense and it would probably be the cause for their immediate disqualification in their application. But applicants also have rights before checking is carried out for keeping privacy and securing some data that might be used against them for incorrect purposes.
A company can not decide not to hire or promote an employee for the reason of bankruptcy. Federal law forbids this action of employers. Employers who tend to discriminate their employees especially to those individuals with disabilities but are able to perform tasks, under some law are given penalties.

The employer needs to be rational in conducting the verification. Extensive checking may possibly put the employer in legal trouble. The company that provided the report should be identified, so that the accurateness of the report may be contested by the applicant.

As an employer, a consumer report could be performed as long as the employer complies with the Fair Credit Reporting Act (FCRA). The act assures that the individuals are informed and notified about the consumer report if the information supplied would result a negative impact on the employment of the applicant. The information furnishers, as defined by the FCRA are companies that issues information to consumer reporting agencies.