The advent of social media has been a global sea change over the last fifteen years. Through apps like Instagram, Facebook, and TikTok, people are more connected than ever, inviting others into their lives with posts that can be accessed from any place at any time. This has blurred the line between our professional and personal lives, as coworkers choose to follow each other on social media, gaining a window into their coworkers’ personal lives. While much of what appears on social media consists of cute puppies, fun beach vacations, or the latest viral memes, what happens when content goes beyond that? What happens when content becomes so personal in nature that it makes a coworker uncomfortable in the workplace?
Earlier this year, a court case gave the United States Court of Appeals for the Ninth Circuit an opportunity to establish groundbreaking precedent. In this new era of a social workplace, the court ruled that an employer’s obligations to their employees extend into the realm of social media.
In July 2024, the Ninth Circuit overturned a trial court decision that had ruled in favor of the employer— in this case, the federal government’s Bureau of Prisons—in a sexual harassment case brought under Title VII of the Civil Rights Act of 1964. In Okonowsky v. Garland, a staff psychologist in a federal prison reported to the Bureau that her coworker had posted derogatory and sexually explicit posts and comments about her on the coworker’s personal Instagram account. The account was followed by more than 100 prison employees, some of whom liked and commented on the posts.
The psychologist reported the account to the Bureau, but the coworker continued to post harassing content even after being reminded of the Bureau’s anti-harassment policy and instructed to stop. Frustrated by the lack of action and the ongoing harassment, the psychologist eventually quit her job and brought a hostile work environment claim against the Bureau. The district court ruled in favor of the Bureau, finding that it wasn’t responsible for creating a hostile work environment because the harassment occurred “entirely outside the workplace” since the posts were not created or shown at the physical workplace.
The Ninth Circuit soundly rejected this reasoning. The court held that it did not matter that the harassing posts were made outside work hours because they were viewable from anywhere, including the workplace. The court also noted that in analyzing a hostile work environment claim, the analysis does not only hinge on where the harassment occurred but also on whether it had “an unreasonable effect on the working environment”.
Citing the “ubiquity of social media and the ready use of it to harass and bully both inside and outside the physical workplace,” the court held in favor of the psychologist. It determined that the harassing posts had indeed extended their influence into the workplace, creating a hostile work environment. The court also rejected the idea that any type of remedial action by the employer shielded it from liability for hostile work environment claims.
In this case, the employer opened an investigation, reassigned the psychologist, and issued a cease-and-desist letter to the coworker. However, the court took issue with the timeliness of these actions, ultimately finding that the measures taken by the Bureau were insufficient to adequately address the harassment.
The court was careful to underscore the “ubiquity of social media,” thus creating a new risk for employers to consider and work to mitigate. One risk mitigation measure would be to review anti-harassment policies and ensure that social media post harassment is explicitly addressed in employee handbooks. Any complaints lodged by employees should be expeditiously and thoroughly investigated, with the knowledge that the Ninth Circuit has set a high standard for reasonable remediation of any complaints.
Another risk mitigation strategy involves conducting background checks that include a thorough screening of a job candidate’s social media presence. Background checks are already a standard part of most employers’ pre-employment screening processes, and the Ninth Circuit’s ruling on post harassment adds a compelling reason to include social media checks as a minimum standard of care. This protects both the business and existing employees when bringing new employees on board.
Social media checks evaluate the public social media accounts of an individual and can flag any person that has a history of bullying people on the internet or has contributed to online harassment by engaging with or amplifying harmful content from other accounts. A social media check can also be useful in evaluating an employee’s claim of harassment, allowing employers to quickly evaluate the veracity and prevalence of any complaints lodged by an employee. By integrating social media checks into an overall risk mitigation program, employers can decrease the likelihood of hiring someone with a history of using social media to harass others or a proclivity for spreading negativity online. If you’re looking to strengthen your risk mitigation efforts, Checkers International can help with comprehensive background checks, including social media screenings, to ensure you’re making informed hiring decisions. Contact us today to learn more about how we can assist you in protecting your organization and maintaining a safe, respectful workplace.
This article is for informational purposes only and should not be considered legal advice, guidance, or counsel. We recommend consulting with employment counsel to determine the appropriate next steps for your organization.
Erica Lucero Alden spent over a decade doing unscripted and scripted Business & Legal Affairs and Production Legal for NBCUniversal and Netflix. Her first job was Diligence Counsel at NBCUniversal, and she couldn't resist returning to her roots as COO and General Counsel at Checkers International. She enjoys wandering her Los Angeles neighborhood with her partner and two sons, improving her tennis game and watching the sky change during sunset with a seasonal beverage in hand.
While background checks often focus on individuals, at Checkers International, our research team also routinely conducts in-depth assessments of business entities. Our clients rely on our background checks as a foundational component of evaluating whether a company is trustworthy and one that they want to do business with or invest in. Common use cases include hiring a new vendor, evaluating an existing relationship, exploring merger and acquisition opportunities, and as part of ongoing litigation. These assessments typically include verifying current incorporation status, identifying trade names, reviewing litigation history, and analyzing social media presence. Whether the entity is large or small, our team provides thorough, efficient evaluations of a company’s reputation and history to help you make informed decisions and ensure you spend your time, money, and resources wisely.
Incorporation is the legal process through which a corporate entity is formed and registered with governmental regulatory boards. This process legally separates the corporation’s assets and income from its owners, investors, or shareholders.
However, not all businesses are incorporated. Businesses may also operate as sole proprietorships, partnerships, or limited-liability companies (LLCs). The key difference between these forms of businesses and incorporation is the separation of assets and income from the individuals involved in the business.
At Checkers, our business entity assessments begin with verifying the company’s credentials, including incorporation status. Incorporation involves specific filings with local and federal regulatory boards that must be kept up to date. Even if a business is not incorporated, sole proprietorships and LLCs must meet certain legal requirements. The first step in assessing any business is determining whether it is legally authorized to operate in its municipality, state, or country. You may be surprised at how often businesses continue operating with expired credentials, thinking they are flying under the radar!
It is also important to know whether a business operates as a corporation or an LLC, as these different types of entities have distinct legal obligations and tax filing requirements. A business’s good standing depends, in part, on its compliance with government regulations, such as tax filings with the Internal Revenue Service (IRS) or state tax boards. A business’s failure to file taxes properly may serve as a flag for a potential partner.
In short, determining whether a business complies with federal, state, and local ordinances—whether it operates within the correct zoning and holds the necessary licenses and permits—is the first step in the assessment process.
Businesses often operate under a trademarked name but may also use various trade names. The difference is key for several reasons important to any research conducted by Checkers.
Trademarks are registered with the federal government and are a form of intellectual property. The laws surrounding their creation and maintenance are much more stringent than those for trade names (also known as “doing business as” or DBA) which are registered at the state, county, or local level. Any assessment of a business carried out by Checkers will determine what names are trademarked versus what names the business may be operating under at any given time. Sorting through trademarked, and public-facing names requires skilled analysis. Determining what names a business operates under is also crucial in determining the reach of any business and any social media that may be associated with the investigated entity.
Trademarks also entail a host of conditions and requirements with federal authorities involving administrative and tax filings. Ensuring these filings are up-to-date and that the trademark exists in good standing is another avenue of research when assessing the potential shortcomings of a business.
Corporate entities are exposed to a wide variety of legal disputes, including but not limited to violations of state or federal safety requirements, allegations of discrimination, workplace harassment, failure to pay employees or contractors in a timely manner, and wrongful termination. Disputes regarding contracts and other legally binding agreements are also common.
At Checkers, all assessments of a business entity include a comprehensive investigation into its litigation history. Our legal research team uses all available information, including name, address, and tax status, to determine litigation history. Our legal research team combs through a myriad of court and county records to discover and report on any litigious matters where the business entity is listed either as a plaintiff or defendant.
Many businesses use social media to promote their brand and connect with customers. Through social media channels, businesses advertise new products, publish company news and updates, and even create a public persona that reflects their ethos or purpose. Businesses may empower brand advocates they believe reflect their company in a favorable light as another way to cement the connection with customers.
Just as we do for individual background reports, Checkers performs a comprehensive review of all social media businesses might engage in. Potentially controversial content is flagged, whether in direct statements the company has made or those it has lent support to. It is not uncommon for businesses to align themselves with political causes or publicly support potentially contentious viewpoints. Our Media Researchers survey all available media and provide a detailed and concise report on a business’s social profile. Consumer activism has become one of the most common forms of political action in the United States; knowing how a business represents itself to its consumers is more important than ever.
Online reviews have become increasingly important to any business model. A company connects with consumers not only through social media but also through numerous review websites that have proliferated across the Internet. Review websites offer yet another window into a business’s practices; it is not uncommon to find allegations of permit or zoning violations, health code violations, or accusations of harassment.
As part of research into a business entity, Checkers notes and reports on any such allegations made through online review websites. Most review websites allow the business to respond, providing more details into any given allegation. With a trained staff of media researchers, Checkers is able to differentiate between reviews that reveal potential issues with a business and those that may be bot-generated or simply anomalies in an otherwise positive record.
In any business relationship, understanding your partner is vital. A full picture of a business’ background helps mitigate the risk of you or your company getting involved with a company that is not worth your valuable time, money, and resources. At Checkers International, we provide tailored, comprehensive, and accurate reports on business entities, continuously improving our practices to deliver high-quality reports.
Don’t leave your decisions to chance— Contact Checkers International today and let us help you get the answers you need.
Background checks are utilized by various industries to support the hiring process. The entertainment business, for example, uses background investigations to maintain safer environments and avoid scandals. Similarly, sports organizations rely on these services to protect athletes and the reputation of their league. This is particularly important when dealing with youth sports and minors. Ensuring the safety of children in these environments must be a top priority, and background checks provide the first layer of defense against bad actors.
While the primary purpose of criminal and media background checks for coaches is to protect the players, it also benefits the leagues by fostering greater trust from parents and communities. The safety of children is paramount and a solid diligence plan, including pre-hiring background checks on employees and volunteers, as well as regular update checks, is an essential part of this plan. As parents of young children and athletes ourselves, we are aware that trusting others with your children is a leap of faith and regularly conducting thorough background checks is one method to reduce the risk of harm.
In addition, the long-term effects of a single scandal can cause lasting damage to a league’s credibility and youth sports’ program’s business, making it vital to prioritize thorough vetting of everyone who will interact with minors, with or without parents and guardians present. Background checks help ensure that only individuals with a trustworthy character and vetted qualifications are in such roles, enhancing the overall experience for young athletes and their families. Implementing comprehensive and regular background screening is one of the most effective ways for sports leagues and programs to reduce the risk involved with pairing athletes with coaches and support staff.
Youth sports leagues and programs are businesses like any other, so in addition to the safety concerns, it is prudent to conduct background checks on administrative and other employees who may not have direct contact with minors.
Embezzlement has been a problem for youth sports organizations across the country. In 2024 alone, three scandals involving the misuse of funds occurred. For instance, a former president and treasurer of Mashpee Youth Baseball in Mashpee, Massachusetts, was charged with larceny, money laundering, and receiving stolen property. In Lincoln County, Missouri, the President, Treasurer, and concessions contractor were all accused of using funds meant for the Troy Soccer League for personal use, leading to the league’s closure due to a lack of funds. Finally, the former treasurer of the Columbia Boys Athletic Association was accused of stealing over $184,000. The alleged perpetrators in these financial crimes were trusted by their communities and the youth they were meant to help. Thorough background checks can help organizations from hiring individuals in these capacities who had similar allegations in their past and help to preserve the integrity of the organizations.
Youth sports coaches spend a significant amount of time with vulnerable children—often without parental supervision. In 2017, the nonprofit U.S. Center for SafeSport was established to reduce the sexual abuse of minors in sports. According to the U.S Center for SafeSport, over 15,000 complaints of abuse in sports have been reported over the years.
In 2024, a Texas Little League baseball coach was sentenced to 40 years in prison on child exploitation charges, specifically involving the production and distribution of child pornography. The individual used his position as a trusted coach to gain access to vulnerable children, betraying the trust of the minors entrusted in his care, the parents, and the organization. Little League Baseball Inc. was also served with a lawsuit in connection with this incident, which reached a settlement in the victim’s favor prior to trial. Another instance of alleged coaching abuse took place in Riverside County, California, where a youth football coach allegedly physically assaulted an opposing player, resulting in charges for battery and willfully harming a child.
Incidents such as these show why background checks for youth coaches and volunteers should be utilized by organizations as a routine measure in an overall risk mitigation program deployed by leagues to protect children in their care. While a background check cannot outright prevent an incident or crime from occurring, it is one risk mitigation tool an organization can deploy both at the outset of the relationship and with periodic refreshes as a minimum standard of care.
Youth athletes are a vulnerable population and their supervision, coaching, and development require trust between parents and staff. A thorough background check for coaches and other staff can be one tool that helps nurture that trust by acting as a baseline standard of care. Screening a coach or volunteer’s credentials, criminal history, and social media presence should be an essential part of a risk mitigation program that helps pave the way for a safer and more secure environment within youth sports organizations.
Contact Checkers International for your background screening needs today.
Juan Diaz is a Senior Media Researcher for Checkers International based out of Southern California. He began with the company in 2018. He studied communications at Woodbury University where he also became a member of the Lambda Pi Eta Communications Honor Society. Prior to becoming a media researcher, he was a freelance entertainment writer focusing on SEO-based content.
You may have heard that Los Angeles County has implemented a new Fair Chance Ordinance, which went into effect on September 3rd, 2024, and applies to the unincorporated areas of Los Angeles County (ULAC). This law prohibits employers in these areas from asking about criminal history before receiving the results of a background check.
“Fair Chance” or “Ban the Box” laws have been an emerging trend in the background screening space for quite some time. New York City’s Fair Chance Act and San Francisco’s City and County Fair Chance Ordinance are just a few examples of similar city, county, and state-level laws. This ordinance builds on the existing California Fair Chance Act (CFCA) and the City of Los Angeles Fair Chance Initiative for Hiring Ordinance (FCIHO).
Unlike other “Fair Chance” or “Ban the Box” laws, this one goes further when running background checks. Most laws of this nature allow employers to inquire about criminal history after a conditional offer of employment has been made. The new ULAC ordinance goes a step further, prohibiting employers from asking candidates about their criminal history post-offer, until after the candidate has received a copy of their criminal background check report. This makes the ULAC different from any other Fair Chance law. In essence, many employment applications and background check forms will need to remove questions regarding criminal history in order to comply with the ULAC.
Like the CFCA, the ULAC requires employers to state that candidates with arrest or convictions records will be considered for employment in accordance with the FCIHO and CFCA. As such, employers will also need to reference the ULAC in their job postings.
Additionally, the ULAC requires employers to list all material job duties that could be impacted by criminal history in a direct, adverse, and negative way, which could lead to the withdrawal of the conditional offer of employment. The ordinance also mandates employers to include specific language in their offer letters.
Under California’s Labor Code and the CFCA, there is already a list of criminal history that employers cannot inquire about or consider when making hiring decisions. The ULAC adds to this list by making it unlawful for employers to inquire about or consider:
Like the FCIHO, the ULAC requires employers to provide candidates with the employer’s written assessment with the candidate’s adverse action notice(s) via mail, with an added requirement to send it by email as well. The ULAC also expands the timeframe and format in which candidates may present information related to accuracy or rehabilitation to the potential employer.
Another important aspect of the law touches on the new complexities surrounding LA County Criminal Records Searches. The ULAC specifically prohibits employers from withdrawing a candidate’s offer solely due to a delay in receiving their background check unless the employer can demonstrate that holding the position open would create an undue burden and ten business days have passed since the employer ordered the check (with written notice to the candidate explaining the situation).
As always, our goal is to keep our clients informed about changes that may affect background checks, while also collaborating to devise solutions. We are particularly mindful of ordinances of this nature as our clients often hire nationwide. We welcome the opportunity to discuss further!
This article is for informational purposes only and should not be considered legal advice, guidance, or counsel. We recommend consulting with employment counsel to determine the appropriate next steps for your organization.
Erica Lucero Alden spent over a decade doing unscripted and scripted Business & Legal Affairs and Production Legal for NBCUniversal and Netflix. Her first job was Diligence Counsel at NBCUniversal, and she couldn't resist returning to her roots as COO and General Counsel at Checkers International. She enjoys wandering her Los Angeles neighborhood with her partner and two sons, improving her tennis game and watching the sky change during sunset with a seasonal beverage in hand.
“Is reality TV really real?” Throughout my 15 years in reality TV casting, I was asked the same question over and over. And the answer, at least for the shows I worked on, was a resounding: Yes!
No matter the show type, from game shows to talent shows, as well as competition shows to docu-follows, casting departments are always looking for charismatic, memorable, and authentic personalities to fill their casts. Finding and interviewing an over-the-top personality is just the first step to getting them all the way to the finish line of a TV production. The truth is, not only do candidates for unscripted productions need to have the right charisma and storyline to make it on TV, they usually must also pass through exhaustive vetting, which typically includes background checks and social media screening.
Generally, if a reality show casting department likes you after your on-camera interview and thinks you could ultimately have a chance to make a cast, they will start their due diligence efforts as required by the network and/or production company. Diligence and requirements can change from project to project as there are different factors for each type of show.
For example, if the cast will be living together as part of the production, those participants may have to go through different types of vetting than someone participating in one episode of a game show. Likewise, dating shows where candidates may “hook up” on the show or afterwards might be put through different types of checks than, for example, a business-centric show.
During casting interviews, candidates for unscripted projects are often asked why they want to be on a show. This offers key insights into their persona and psyche. Do they have an amazing storyline and are in need of the prize money? Are they someone who just likes to be the center of attention?
Likewise, networks and production companies have multiple reasons why they run diligence on their prospective cast. First and foremost is the safety of all involved. Customized diligence requirements are carefully crafted on a show by show, and sometimes role by role basis, to help identify and mitigate possible risks a person may present to their own safety and the safety of others involved in the production – both cast and crew. For this reason, not only are on-camera talent and participants put through background checks, but productions often also run background checks on crew members – especially when they are in higher risk situations, such as working closely with minors.
Additionally, an important reason to run background checks and other diligence on prospective participants and talent is for reputational and business risks. One factor that comes into play is to ascertain whether someone is who they purport to be – is this person truly a good-guy, millionaire business savant or is he going through bankruptcy and has a bunch of lawsuits against him? These also present business risks to networks and production companies. They do not want to jeopardize their relationships with advertisers and sponsors. As a result, networks and production companies may not want to cast people who espouse controversial viewpoints, could use their platforms to spread misinformation, or worse. Production companies and networks are spending thousands if not millions of dollars to produce each episode and series, so vetting potential candidates (just like any other prospective business relationship) during the reality TV casting process makes good business sense.
One of the most obvious discoveries of an issue would be any sort of criminal violence. Assault and battery showing up on a criminal record, especially in recent history, is a huge concern to production companies and networks.
The most shocking example of missing a violent history is the horrific story from VH1’s Megan Wants a Millionaire/I Love Money. A contestant turned finalist brutally murdered his wife shortly after filming the reality shows. Only then was it discovered that he had been arrested for physical assault in Canada prior to filming the shows. The situation changed reality TV and its risk management across the industry as production companies and networks realized the value a thorough background check provides.
Risk management is certainly not the most sexy topic, and often times, when diligence is done well, companies may not always see the inherent value. In this era of cost-cutting, it is a easy to see risk prevention as a place to target for budget cuts, but in background screening as elsewhere, you get what you pay for. Sure you can have a cheap and quick check, but will that truly address your concerns and provide valuable insight into the areas that could shelve an entire project? We take our role in the safety and risk management of our clients and everyone involved very seriously, and by choosing Checkers, you can rest assured you are getting the best possible research and reporting to aid in your risk management.
Beyond finding reports of criminal violence, an in-depth background check may include an internet search through social media accounts and beyond. Perhaps a candidate has posted photos or stories about fights they’ve been in, has mugshots online, or other (maybe not so smart) digital breadcrumbs. Casting teams, production companies, and networks usually don’t have the time, training or resources to comb through every candidate’s digital footprint, especially with social media being so prevalent in candidates’ lives starting at such a young age. Having Checkers’ social media checks as an option as part of a background check is a huge timesaver and it’s always enlightening for a casting team. Additionally, having a human, as opposed to A.I., check through social media and other areas of the internet provides an opportunity to evaluate content for nuances that only humans can understand. For example, A.I. may not understand sarcasm, nor is A.I. as of now able to evaluate video and audio. This means that using A.I. only leaves entire chunks of social media unevaluated, so we find that our clients very much value our human conducted social media checks.
Driver’s records can also affect how production deals with a cast member. Multiple speeding tickets or even a single DUI might not disqualify a candidate from being cast on a show, but it could mean they won’t be allowed behind the wheel during shooting.
In some cases, such as when candidates need visas to enter other countries, a DUI could be a baseline disqualifier. Canada, for example, will usually not allow talent to enter the country if they have a past DUI, which could bring production to a halt in this day and age, where networks and production companies need to utilize filming tax credits and other incentives to help mitigate the cost of production.
Likewise, we’ve also seen instances where a show sponsor is a car company and the winner would be awarded a vehicle as part of the prize, so anyone with a DUI or DWI was a non-starter on casting that show. Sometimes there are competition shows that create challenges based on driving, especially if there’s some product placement tie-in. As you can see, for some shows this could be a huge issue while, for other shows, it could be a non-issue altogether. Regardless, having the background check information available is best practice before any filming starts.
Safety doesn’t just apply to physical safety but also mental and emotional safety. A well-rounded cast of characters typically strives for people from all walks of life, including representing different cultural, ideological, and geographical backgrounds. Casting opinionated and outspoken people is important, but when those opinions border on problematic or even downright extreme or hateful, production companies and networks take that information into consideration. We’ve seen account after account of cast members’ problematic social media posts overshadow the show itself, which in turn, could cause the audience to lose trust in the brand.
This isn’t just for the safety of the other cast members, but also the crew. Reality TV casting and production crews are made up of people from all cultural, ideological, and geographical backgrounds as well. Oftentimes, the crew will be very close with the cast, both emotionally and in physical proximity – whether it’s a casting producer, story producer, talent wrangler, production assistant, or even the sound people who mic the cast. The safety of all involved, including their mental and emotional safety, is paramount, and proper screening can help ensure this.
Controversies can also damage the reputation of both the TV show and the production company. VH1, for example, took a huge hit following the aftermath of the Megan Wants a Millionaire scandal and began pivoting their reality TV style to more docu-follows. Often for pilots or development shows, casting relies on the laurels of a production company’s other more popular shows to get people interested in a new concept – if those shows are full of unsavory characters or resulted in unsafe situations, people may be less inclined to apply for that show. Production companies and reality TV casting teams trying to sell a project or pilot may ultimately need to damage control their own reputations if they don’t properly vet the talent they pitch to networks.
Background checks aren’t just beneficial for production companies and networks, they are also beneficial to potential cast members. Knowing that everyone on the cast is going through the same process brings peace of mind to the applicants and makes them feel more confident in putting themselves out on a limb to apply for a TV show. Background checks have also helped applicants clean up various issues in their lives if they elect to receive a copy of their background report. I can count on at least two hands the amount of people who have told me, “Wow, I had no idea I had a warrant!” Some people have found fraudulent social media accounts with their likeness. And perhaps the most disheartening issue – finding out explicit content that you thought was private is somewhere on the internet. Going through the background check process can give applicants a sense of control before their every move gets scrutinized once the cameras start rolling.
So, are the people found via reality TV casting really that wild and outrageous? Of course – these people exist, and the job of a casting team is to find them. We just have checks and balances to make sure that they are the right amount of wild and outrageous without presenting undue risk to themselves, others involved in production, and the interests of all the businesses involved.
Don't leave your casting decisions to chance. At Checkers International, we specialize in reality TV and entertainment background checks that help ensure you select the right talent while protecting your show's reputation. With our thorough screening process, casting and production teams are able to focus on finding the perfect mix of personalities, knowing their cast is fully vetted. Contact us today to learn more about how our background checks can help make your next project a success.
Katrina Cooney has been an Operations Specialist at Checkers International for 1.5 years. Prior to Checkers, she spent 15 years working in reality television as a Casting Coordinator and Casting Manager. Credits include The Real World, Bad Girls Club, Masterchef, Project Runway and Top Chef – the latter two earning her casting teams 4 Emmy nominations. Katrina often worked with Checkers from the casting side and has been happy to make the switch from dealing with reality show applicants to working with old and new colleagues to help guide them through the background check process. Katrina is a native Angeleno, currently raising her daughter as a 4th-gen LA girlie along with her beloved east coast transplant husband.
There is often uncertainty when asking: what exactly is a background check? Why do background checks matter? What do background checks show?
Background checks have been on the rise since 2020 and are expected to continue growing over the next few years, with 94% of employers already utilizing them. Since the initial shift to more remote work after the COVID-19 pandemic, companies have relied on background checks to investigate potential employees and maintain compliance. Both remote and in-person opportunities continue to require background checks while addressing recent privacy concerns, including increased social media checks, and ensuring adherence to federal and state regulations. This rise in background checks also reflects broader societal trends toward greater transparency and security. Furthermore, employers are increasingly aware of the need to mitigate risks associated with new hires, which has also contributed to the surge in these practices.
A background check is a valuable tool for learning about an individual’s or business’s personal and legal background from an objective perspective. Whether you’re interested in learning about social media habits, affiliations with controversial groups, criminal history, driving records, or other information, a background check offers a comprehensive view. This information can be obtained through public records, databases, government records, social media, and other sources, all in compliance with federal and state regulations. With various screening options available, background checks are becoming more robust in what they review, reflecting constantly changing trends.
A background check helps mitigate risk by providing insight into whether an individual or business poses a threat to themselves, others, or a company. Almost everyone will need to undergo a background check at some point, with companies of all types and sizes using them. Therefore, understanding what these checks entail is central to navigating the hiring process and ensuring informed decision-making.
There are several protections and legal rights for individuals undergoing the background check process. These include knowing if a background check will be run on you, whether you can obtain a copy of the report, whether the opportunity is employment-related or not, and what can be asked about you on the background forms. In addition, the Fair Credit Reporting Act (FCRA), governs access to personal records and background check processes, along with state-specific regulations such as the Investigative Consumer Reporting Agency Act (ICRAA) for California, as well as New York State’s Fair Chance Act. Although these are well-known regulations, each state may vary in its laws, so it’s important to be aware of your rights before undergoing a background check.
Nearly every industry may require a background check to verify information and gain a clear understanding of who they’re bringing on board as they reach the final stages of the hiring process. Industries include media and entertainment, sports organizations, law firms, government organizations, employers and human resources, and more. Although a background check may be required across these sectors, there might also be additional client-specific needs and requests for industry-related information. For instance, a business dealing with finances may be more interested in learning about someone with a history of fraud, bankruptcies, or unpaid tax liens. Similarly, sectors with high security or regulatory concerns might require more stringent checks.
Although the typical subject of a background check is an individual, it can be equally important to obtain an in-depth assessment of a business entity. This can include verifying current incorporation status, identifying potential trade names, reviewing litigation history, and examining social media posts or other online activity. Together, this information helps evaluate a company’s reputation and history, aiding in informed decision-making moving forward.
A background check can highlight both legal and non-legal risks. For instance, if an individual will be working closely with minors, a sex offender registry search and criminal history check are imperative. A different example would include if someone claims to be an expert in a field, such as a medical professional in a health documentary, a legal analyst in a true crime series, or a climate scientist in an environmental program, credential verification is important to ensure their qualifications, expertise, and overall reliability.
Additionally, understanding past behaviors and patterns can be valuable, such as assessing whether prior issues are likely to reoccur or if they have been ongoing. For example, long-term affiliations with controversial groups or repeated business negligence lawsuits would be highlighted during a background investigation. These checks are also important in protecting current and future employees, as well as customers. These measures help identify broad risk factors, while also allowing for a tailored approach based on a client’s specific needs and any potential red flags that may arise.
When thinking about what a background check may reveal, a criminal history is often the most common concern. While some companies may focus solely on this aspect, there are several other areas of possible research that can be equally as important. A background report can be incredibly useful to understand the severity of any legal matter as well as to identify any other potential causes for concern. Background reports provide insight into both criminal and civil records, bankruptcies, derogatory public filings, driving records, and the sex offender registry.
Further supplementary information can also be found through media research, whether through online databases or even social media posts related to litigation. For example, if someone is suing another party for damages from a car accident, alleging a severe leg injury, but posts pictures of themselves skiing on Instagram, this contradiction can be critical in undermining their claim. Document retrieval services can also provide case-specific information if requested.
In today’s digital age, individuals sometimes put a large portion of their personal information on their social media platforms for others to see. Because of this, social media has become a key area of research in background checks, providing an additional safeguard for clients. Social media platforms include well-known applications and websites such as Facebook, Instagram, TikTok, and X, as well as less obvious ones like Pinterest, Etsy, and Reddit. Although social media is widely used, certain posts, photos, associations, and affiliations may be controversial and raise concerns, depending on a client’s needs.
Incorporating social media research into the hiring process is valuable as it offers key insights into a candidate’s personality and their potential fit within a company, brand, or show. For example, a candidate’s posts about their hobbies, interests, and interactions with others can provide insights into their social behavior, values, and personal interests. Pictures from social events or posts about community involvement can highlight their interpersonal skills and commitment to causes. This additional perspective can help paint a fuller picture of their personality and how they might fit into a team or company culture.
Commonly flagged areas of concern can include hate speech, illegal activity, threats or acts of violence, exhibition of poor judgment, and possible conflicts with contracts or brand standards. In addition, it is also important to note any affiliations with similar brands or industries as it may present a possible conflict of interest. Furthermore, the 2015 Recruiter Nation Survey advises limiting posts about alcohol or marijuana, ensuring correct spelling and grammar, and sharing any active social volunteer or engagement work.
Depending on a client’s needs, qualifications like professional licenses, degrees, or business ownership may be required. Credential verification is an additional aspect of a background check that helps to verify these claims and any requested expertise. This can also be useful in understanding any disciplinary actions at work or school, professional license suspensions, or legal matters related to business affiliations.
In addition to domestic research, international results can be beneficial. Many clients deem international background checks a valuable resource, with 85% considering them essential. This can include business entities and individuals who have lived, studied, or worked outside of the United States. International background checks show a comprehensive range of information, dependent on the country, including criminal and civil records, identification verification, country-specific watch lists, and more. Research can also be conducted in relevant languages for accessibility.
A background check provides a comprehensive picture beyond just legal matters, helping to determine if someone is a good fit for a company by evaluating a multitude of factors. While not every issue in a report is necessarily a red flag, they each offer a chance to discuss the findings in detail. Combining social media research with legal verification sheds light on ethical risks and personal qualities, revealing potential concerns that go beyond legal history. Social media can also offer deeper insights into a person’s character, which may not be apparent from interviews alone. Ultimately, understanding the full scope of a background check is fundamental for all parties. Individuals undergoing a background check should be well-versed in their federal and state rights and how these protections apply throughout the process. As organizations and individuals navigate an era of heightened scrutiny, embracing the full spectrum of background checks can lead to more informed and confident decision-making, setting the stage for a more transparent and trustworthy professional landscape.
Understanding what background checks show is crucial for making informed decisions, whether you’re hiring a new employee, screening a tenant, or verifying a professional relationship. At Checkers International, we offer comprehensive and reliable background checks tailored to your specific needs. Don’t leave your decisions to chance, partner with us to gain the insights you need for peace of mind and success.
Ready to take the next steps? Contact Checkers International today and let us help you get the answers you need.
Alyssa Goodreau has been with Checkers since 2023 as a Court Records Researcher and Project Manager. She received a Bachelor of Science in both Criminology/Criminal Justice and Applied Sociology, as well as a Master of Science Degree in Criminology/Criminal Justice from The University of Tampa. Alyssa enjoys crime shows and investigative series outside of work as well, in addition to anything related to horror, with her favorite author being Stephen King.
