Does State Rehabiliation show up in background check?

DVRS is New Jersey’s agency; part of the NJ Department of Labor.
[Modified by: Joe Tag on February 13, 2008 07:40 AM]

[quote:329a6688cd=”Lost Genius”]Does getting rehabilitation from the State for an LD show up in a person’s background check?

Someone here suggested I go for vocational rehabilitation through the State. They will have to get my social security number and get my school records. I’m just worried that after I complete a program like this, it might show up in a background check that a possible employer does on me. This is the last thing I want or need!

I asked one of the directors at the Rehabilitation clinic, and she did not know.[/quote]

I too share your concerns. Because of the Patriot act your medical records are no longer private.

Also with VR you often have to sign a waiver or a release that gives them the poer to send out your records.

Hmmm… I never thought about the Patriot Act. Even though I support it, it is an issue that I might want to consider.

< comment withdrawn >
[Modified by: Joe Tag on February 13, 2008 07:41 AM]

[quote=Lost Genius]Does getting rehabilitation from the State for an LD show up in a person’s background check?

Someone here suggested I go for vocational rehabilitation through the State. They will have to get my social security number and get my school records. I’m just worried that after I complete a program like this, it might show up in a background check that a possible employer does on me. This is the last thing I want or need!

I asked one of the directors at the Rehabilitation clinic, and she did not know.[/quote]

Basically, a pre employment check is a process which tries to determine identity and background when hiring a new employee. The pre employment check is more popular than psychometric testing and drug testing. However, as a job candidate, your privacy rights are protected by several laws. According to [url=http://backgroundsearch.com]Background Search | Background Check[/url], these laws include:

1. The Fair Credit Reporting Act (FCRA).

2. The Driver’s Privacy Protection Act.

3. The American with Disabilities Act (ADA)
.
4. Different states have different legal-frame-works, such as the Investigative Consumer Reporting Agencies Act which exists in California.


Generally, employers always get written permission, especially if they do a credit check. The FCRA is very strict on this and can cause the employer a lot of trouble and fines if he does not have your permission for a credit check. However, information like criminal records is available to the public and he does not need your permission to check it.


If your employer does the check himself, and does not pay an outside company to do it, he is allowed to get almost all the information that he can get, without your permission.


Employers are allowed to get information about you if it directly affects your job duties. For example, if you will be a delivery truck driver, then your employer can check your driving records. If you will be a cashier and handle money, he can do a credit check.


[b]Discussing Disability with the Potential Employer[/b]
[url]http://www.eeoc.gov/facts/jobapplicant.html [/url]

The ADA prohibits employers from asking questions that are likely to reveal the existence of a disability before making a job offer (i.e., the pre-offer period). This prohibition covers written questionnaires and inquiries made during interviews, as well as medical examinations. However, such questions and medical examinations are permitted after extending a job offer but before the individual begins work (i.e., the post-offer period).


What are examples of questions that an employer cannot ask on an application or during an interview?
Examples of prohibited questions during the pre-offer period include:


• Do you have a heart condition? Do you have asthma or any other difficulties breathing?


• Do you have a disability which would interfere with your ability to perform the job?


• How many days were you sick last year?


• Have you ever filed for workers’ compensation? Have you ever been injured on the job?


• Have you ever been treated for mental health problems?


• What prescription drugs are you currently taking?


[b]May the employer ask me these questions after making a job offer?[/b]


Yes. An employer can ask all of the questions listed in Question 9, and others that are likely to reveal the existence of a disability, after it extends you a job offer as long as it asks the same questions of other applicants offered the same type of job. In other words, an employer cannot ask such questions only of those who have obvious disabilities. Similarly, an employer may require a medical examination after making a job offer as long as it requires the same medical examination of other applicants offered the same type of job.


[b] May an employer ask me whether I will need a reasonable accommodation for the hiring process?[/b]


Yes. An employer may tell all applicants what the hiring process involves (for example, an interview, timed written test, or job demonstration), and then ask whether they will need a reasonable accommodation for this process. (See Question 16 for a discussion about employers asking about an applicant’s need for reasonable accommodation for the job.)


[b] I have an obvious disability. Can an employer ask me medical questions during an interview?[/b]


No. Except as explained in Question 15 below, an employer cannot ask questions about an applicant’s disability either because it is visible or because the applicant has voluntarily disclosed a hidden disability.


[b] After I got a job offer, the employer had me take a medical examination in which I revealed I have epilepsy. Can the employer withdraw my job offer?[/b]


While the employer had the right to require a post-offer medical examination, he cannot withdraw the job offer solely because you revealed you have a disability. Instead, the employer can withdraw the job offer only if it can show that you are unable to perform the essential functions of the job (with or without reasonable accommodation), or that you pose a significant risk of causing substantial harm to yourself or others.

[Modified by: lovely on February 12, 2008 03:32 PM]

DOn’t even bother with state DVR. It’s a nightmare.

yes, what a brilliant way to keep us safe!!!Supporting something that strips us of our rights. We can no longer safely state an opinion, we can no longer have any sort of privacy…. We can no longer have personal information that is personal. I would rather die a martyr to peace in some act of terrorism than to live under such fascist regime. Next you will all have to do a funky hand gesture why shouting “Sig Bush!” Thank the gods i moved to canada…. Enjoy your safety.

In the state I live in, it does not. Most people by now know it does not because it’s been plastered all over the news. I’m in Virginia, you know the story when it came to the VA Tech Massacre. It did not show up in Cho’s background check. Most of us hopefully don’t have the urge to feel the way Cho did. In Virginia we have DRS which is the Dept. of Rehabilatative Services. I had to take a very unfavorable report from the psychologist before them and debunk it. The report used a lot of over-inflated words to describe me and the truth is those words really were not saying much at all.

Ahh yeh, double edged sword this issue… Would be nice to know who actually will in the future, go postal before they do so we can lock them up in advance.

What a tragic day that was…. Shortly after my fiance’s uni (he is post doctoral researcher) got a bomb threat.Thank god, i studied marcial arts as a kid…. And how sad and pathetic is it when a military officer trained in hand to hand gets his arse handed to him by a woman no taller than 5’2 and weighing around 110 poinds? Especially if he is like… over 6 feet and around 180ish…. I will be damned if i let him go near a site where there is a bomb threat…

Sometimes i wonder if having a you know what is the equivalent of a learning disability. Men are always trying to do the most brainless stuff… Seriously… There must be some frontal lobe disorder connected to the mae chromosome. Anyway, he was likely right he was prolly safe enough going in to work… But still, you don’t ignore such threats that is just…. moronic… men…. blech… some days i wish i had a different preference on that issue as well…

But truly, what a tragic day for Virginia…. And everywhere else…I feel for the guy who went postal and all the families on all sides of that one…

Still, i think the right to privacy is more important than knowing in advance. I think without it, we are all living in Germany and we are in essence being forced to take the oath. I am sure the families of those who died will disagree with me… All the same, i can see no good coming from the patriot act or anything else that invades privacy. Anything which attacks a person’s privacy is also attacking their person. As is anything that limits what they think feel or say unless they are promoting violence with their words. Then having them gagged may be apropriate. But giving them an oval office for such an offense will never seem logical to me.