Political affiliation is a protected characteristic under various state and local laws, and for federal employees, it is explicitly prohibited as a basis for personnel actions. Using it as a factor in hiring decisions constitutes illegal discrimination as it is not considered a Bona Fide Occupational Qualification (BFOQ) for the vast majority of roles. While the other attributes listed—such as criminal records, credit history, references, education, and employment history—can be legitimate components of a background check, their use is heavily regulated to ensure they are job-related and applied non-discriminatorily. Political affiliation, however, is fundamentally a non-job-related attribute that should never be a basis for an employment decision.

A. Criminal Records, credit history, references: Criminal and credit histories can be legally used in hiring decisions when relevant to the job, as guided by the EEOC and the Fair Credit Reporting Act (FCRA).

B. Credit history, employment history, references: These are all standard, permissible components of a background check used to verify a candidate's qualifications and reliability, provided they are applied consistently and are job-related.

D. Employment history, references, criminal records: Verifying employment history and references are standard practices. Criminal records can be a valid consideration for roles requiring a high degree of trust or security, subject to legal constraints.

1. U.S. Equal Employment Opportunity Commission (EEOC). "Prohibited Employment Policies/Practices." The EEOC outlines federally protected classes. While Title VII does not explicitly list political affiliation for private employers

the EEOC's principles focus on job-relatedness. Furthermore

the Civil Service Reform Act of 1978 explicitly prohibits discrimination based on political affiliation in federal employment

establishing the legal principle. Many state and local laws extend this protection to the private sector. (See Prohibited Personnel Practices

5 U.S.C. § 2302(b)(1)(E)).

2. U.S. Equal Employment Opportunity Commission (EEOC). "Background Checks: What Employers Need to Know." This guidance document clarifies the legal parameters for using criminal records and credit history in employment decisions. It confirms that such information can be used if employers "comply with the federal nondiscrimination laws" and consider the nature of the job

the nature of the offense

and the time that has passed. This confirms these are not attributes that can never be used.

3. Cornell Law School Legal Information Institute (LII). "Bona Fide Occupational Qualification (BFOQ)." University-supported legal resources define BFOQ

explaining that characteristics like race or color can never be BFOQs. Similarly

political affiliation is not considered a legitimate BFOQ for non-political positions

making discrimination on this basis impermissible.