No More Background Checks For Applicants?
California Employment Background Checks
New CA labor law AB218 Dictates that NO APPLICANT can be asked for a back ground check before they are otherwise found qualified for the position. This means a new chance to prove yourself and start over. Once you are past initial fazes of interviewing you can be given a background check so you should know what is legal.
California adds protections for California’s with the national standards set by the federal Fair Credit Reporting Act (FCRA) and it is no different when it comes to background checks. However, keep in mind that the FCRA only applies when an employer hires an outside agency to conduct the background check.
FCRA Requirements
Permission must be obtained from the person the background check is being run on.
A notice should be provided on a separate document notifying the individual that a report may be required.
Individuals have to be given the opportunity to consent
Individuals have to be notified if the report information causes them to make an adverse decision
Permission must be requested before medical information can be requested
Individuals have to be notified if neighbors, associates, or friends will be interviewed for what is known as an investigative consumer report.
Things to Keep in Mind
The information obtained from a background check phases out at seven years usually. A few exceptions to this rule are bankruptcy or if insurance policies exceed a specific monetary value. Lastly, criminal convictions are not limited.
If the employer decides not to hire or promote you because of what your background check reveals they have to issue a pre-adverse action notice, which includes a copy of the background check before adverse action is taken.
California law, also states that the employer has to provide you with the web address and telephone number of the source that conducted the report. If they do not have a website available, the privacy policy can be mailed to you, if you request it. If you request a copy of the report, it has to be provided to you within three days.
Things the Report’s Cover Page Must Include
A notice that states that the report may not be accurate or provide truthful information and that the report was compiled from public records.
A warning that negative information may be a result of identity theft
Notice of rights in English and Spanish
Credit Reports
California allows credit reports to be obtained by employers too. However, you have to give consent and the employer has to tell you the reason for the credit check.
Bottom Line
In the event that the employers do the investigation themselves, not all of the provisions are applicable. However, there are some laws that employers have to follow when they conduct private investigations.
For answers to any of your employment questions or if you feel you were treated unfairly, UELG is here to help, CALL NOW for free case review.
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