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The primary laws surrounding background screening
are: FEDERAL:
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. See in Adobe Acrobat
STATE:
(InfoLink is domiciled
in California and has listed state laws which affect its operation nationwide)
California's
Consumer Credit Reporting Agencies Act ("CCRAA"), California Civil Code § 1785
California's
Investigative Consumer Reporting Agencies Act ("ICRAA"), California Civil Code
§ 1786
The
California Labor Code § 432.7
The California Department of Fair
Employment and Housing, Pre-Employment Inquiry Guidelines
ADDITIONAL LEGAL INFORMATION:
(Articles or
Specific Laws of Interest)
House
Subcommittee hears testimony on bill to exempt Employer Investigations
Clinton
signs new law on use of Electronic Signatures
INFORMATION
OF INTEREST:
(Articles or
information of Interest)
- Identity
Theft: Information from the Los Angeles Police Department
WHAT MUST EMPLOYERS WHO USE CONSUMER REPORTING AGENCIES KNOW?
Quick overview from Federal Law
LEGAL SECTIONS TO REVIEW:
The Fair Credit Reporting Act is the Federal Law regarding background
screening. This law refers to not just credit reporting, but any background check.
On September 30, 1997, the Consumer Credit Reporting Reform Act amended the Fair
Credit Reporting Act.
Why Must
You Know This law?
Definitions
Permissible
Purpose of Reports
Disclosure To Consumers
Adverse Action
Contents Within Reports
Employer's Immunity
Requirements of Users of Consumer reports
On December 4, 1998, the Clarification Act was passed amending the Fair
Credit Reporting Act.
- Important Provisions
- Provisions That Affect Companies in the
Transportation Industry
State laws still apply when performing a background check. California has its own
Fair Credit Laws and more. Common thinking is that if you follow California
law...you are within the law in most states.
- Disclosure Requirements When Seeking Credit Reports
- Permissible Purposes for Investigative Reports
- Time and Manner of Supplying Information
- Disclosure Requirements When Seeking Investigative Reports
- Contents of Reports
- Adverse Action
- Use of Arrest Records
1. California Labor Code
2. California Fair Employment and Housing Commission
- References
The function of the employment screening process
is to provide the employer with the maximum amount of valid available information about
prospective candidates in order to assist in the hiring, promotion or retention decision.
Screening is as important for liability protection as it is for the selection of good
workers. Screening is confirming the good judgment already used in the hiring decision.
The process is not one of prying into someone's background, but verifying information
already provided by the applicant when applying for a position with the company.
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