Employment History Verification: What Employers Can and Cannot Ask
Employment verification must balance thoroughness with legal compliance. Ask the wrong questions—or ask in the wrong way—and you expose your organization to discrimination claims, privacy violations, or regulatory penalties. Understanding what you can and cannot ask when verifying work history protects your organization and respects candidate rights. This guide covers the legal boundaries of employment verification in the US, with attention to federal law, state variations, and international considerations for global hiring.
Generally Permissible Information
Employment dates (start and end for each position), job titles, job duties and responsibilities, reason for leaving (voluntary resignation, termination, contract end), and eligibility for rehire are standard verification topics. Most employers will confirm these. Compensation verification is permissible with written candidate consent, though some states restrict salary history questions for different purposes (e.g., setting pay for new hires). Performance feedback may be shared if the previous employer is willing, though many have policies limiting what they disclose. The key: stick to job-related information that's relevant to the hiring decision.
Generally Prohibited Information
Never ask about protected characteristics: age, race, religion, national origin, sex, disability, genetic information, or other categories under federal and state anti-discrimination laws. Medical information is off-limits. Marital status, pregnancy, family plans—none of this is relevant to employment verification. Avoid questions that could be used to discriminate, even indirectly. Some states have "ban the box" laws restricting when you can ask about criminal history; employment verification focuses on work history, but be aware of overlap with background check regulations. When in doubt, don't ask.
Consent Is Non-Negotiable
Always obtain written consent before initiating employment verification. The consent should be clear about what will be verified and who will receive the information. Standalone consent—not buried in an employment application—is required under FCRA when using third-party screening companies. Document that you obtained consent and when. Consent protects you and the candidate. Skipping it creates legal risk and can invalidate the entire verification process.
FCRA Requirements
When you use a third-party consumer reporting agency for employment verification or background checks, the Fair Credit Reporting Act applies. You must provide a clear, conspicuous disclosure before obtaining a report. You must get separate written consent. If you take adverse action based on the report, you must follow pre-adverse and adverse action procedures. Use only accredited CRAs. FCRA violations can result in significant penalties. Ensure your verification vendor is FCRA-compliant and that your internal processes align.
State and International Variations
State laws add complexity. California, New York, and others have additional disclosure and consent requirements. Salary history bans in some states affect what you can verify and how. International hiring brings GDPR (EU), CCPA (California), and other frameworks. Candidates have rights to access, correct, and delete their data. Choose verification processes and vendors designed for multi-jurisdiction compliance. True Probe's verification process is designed for FCRA, GDPR, and CCPA compliance, with built-in consent workflows and secure data handling.
Key Takeaways
Verify job-related information: dates, titles, duties, reason for leaving, eligibility for rehire. Never ask about protected characteristics or information that could support discrimination. Always obtain written consent. FCRA applies when using third-party screeners. State and international laws add requirements. Work with compliant vendors and document your processes. Thorough verification and legal compliance are not in tension—they're both essential.
