LEGAL ISSUES - FEDERAL

The Primary Federal Laws Surrounding Background Screening Are:

• The Fair Credit Reporting Act ("FCRA"), 15 U.S.C. §1681 - The Consumer Credit Reporting Reform Act of 1996 (amending the FCRA)
• The Americans with Disabilities Act ("ADA"), 42 U.S.C. §12101 et seq.
• Consumer Reporting Employment Clarification Act of 1998 S 2561
• FTC: Federal Trade Commission Staff Opinion Letters
• EEOC Guidance on Pre-Employment Inquiries under the Americans With Disabilities Act
• Accommodations in the Workplace: from the ATACP: National Rehabilitation Hospital ADA Compliance Program
• PRIVACY: The FTC has issued a final rule requiring financial institutions and consumer reporting agencies to provide consumers with a notice of their privacy policies and practices. 

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IMPORTANT PENDING LEGISLATION - FEDERAL

• HR1543 - to amend the Fair Credit Reporting Act to exempt certain communications from the definition of consumer report, and for other purposes.

ADDITIONAL LEGAL INFORMATION

• Legislative Tracker - Search Any State for Pending Legislation. Also includes US button for access to Pending Federal Legislation.
• House Subcommittee hears testimony on bill to exempt Employer Investigations
• Clinton signs law on use of Electronic Signatures
• DOT Requirements

LEGAL ISSUES - STATE OF CALIFORNIA

InfoLink is a national company domiciled in California.

• California's Consumer Credit Reporting Agencies Act ("CCRAA"), California Civil Code §1785
• California's Investigative Consumer Reporting Agencies Act ("ICRAA"), California Civil Code §1786
• AB655 Amendment effective 01/01/2002 (Excerpts)
• AB655 Amendment effective 01/01/2002
• The California Labor Code §432.7
• The California Labor Code §1198.5, referring to an employee's right to inspect personnel files
• The California Fair Employment and Housing Act
• FEHA Pre-Employment Inquiry Guidelines
• Search Bills in California
• The California Public Records Act
• Time Served on Prison Sentence - Felons First Released to Parole by Offense (Year 2000)
• California Recidivism Rate - Rate of Felon Parolees Returned to California Prisons
• SB168 - Amends the Civil Code relating to personal information, confidentiality and identity theft.

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IMPORTANT PENDING LEGISLATION - STATE OF CALIFORNIA

Click here to locate your California Assembly Member
Click here to locate your California Senator
Click here to look up yourlegislator by zip code

• AB1068 - An emergency bill to immediately fix the negative effects of AB655
• AB2868 - An additional bill to clarify other issues raised by AB655 (we expect additional changes)
• SB1414 - Creates an additional payroll tax for employers to provide health benefits to individuals who are not employed.
• AB2996 - Section 1810 of this bill allows the director of the DMV to increase rates at his discretion.

PENDING or UPDATES - LAW & RULINGS

• Michigan Sexual Offender is no longer available as of 06/04/2002. 

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