The hiring process sometimes turns up information applicants would rather keep hidden. Recreational drug use might show up on a drug test, for example, or a background check might turn up criminal convictions an applicant woudn't choose to highlight. Applications, resumes, interviews, and references are different: They allow applicants to choose the information they provide (or at least to choose the person who provides it).
But that doesn't mean applicants (or the people they use as references) can say -- or employers can ask -- whatever they want. Certain interview questions are illegal, for instance. And, employees who lie on an application or resume to get a job may forfeit important legal rights down the road. This section covers the legal rules for asking and telling during the hiring process.
Dealing With a Negative Reference
A bad reference from a former employer might give you the right to sue for defamation.
Employment Discrimination Based on Criminal Records
Although federal law doesn't generally prohibit employers from using criminal records as a basis for employment decisions, some states protect employees from certain uses of their criminal records.