In a situation like this, the more relevant law may be discrimination law as opposed to the laws about background checks. The Equal Employment Opportunity Commission is the federal agency responsible for enforcement in this area. When an employer inquires about your background, the employer must treat you the same as everyone else, regardless of your race, national origin, color, sex, religion, disability, genetic information, or older age. Even if the employer treats you equally, using background information still may be illegal discrimination. For more information, review Workplace Fairness’ in depth section on employment discrimination.