That depends on the type of background check being conducted. No lawsuits that you’ve initiated appear on criminal background checks or consumer credit reports, which are the common background checks conducted by employers. However, previous litigation will appear on a civil litigation background check, and in some cases, a previous employer may reveal previous litigation if contacted directly by your prospective employer.

Increasingly, employers are expanding their background searches to determine the quality and character of prospective employees. Some employers believe, fairly or not, that a prospective employee’s previous litigation history is predictive of job performance. A civil litigation background check reveals legal actions such as torts, workers compensation, employment discrimination, bankruptcy, credit/debtor law, property, real estate, contracts and many others. Some of this information may be revealed by a previous employer; however, employers are commonly concerned about liability and will usually only discuss your position and dates of hire.

Keep in mind that not all information gathered in a civil litigation background check can be used against you in the hiring process. For example, federal law prohibits bankruptcy from being used to deny employment. And in most states like California, Workers' Compensation claims cannot be used to make an adverse hiring decision, unless the related injury interferes with one's ability to perform required duties.

To find out more about the items that appear in your background check, conduct an background check today. See what civil litigation appears in your background check, and be better prepared during your next job search.