Employer Obligations
Employers are required to obtain a signed applicant release prior to the conducting of any type of pre-employment screening. This release and/or notification must be a document separate from the application itself.
Employers must keep a summary of applicant rights on file with Individual applicant reports for use in the case of an adverse action situation.
Should adverse action be taken (i.e. an individual is denied employment, promotion or retention,) employers must provide the candidate with a copy of the background report, a summary of applicant rights and a letter advising of adverse action prior to the action being taken. Additionally, included in the completed report, employers must provide applicants with the Consumer Reporting Agency's (CRA) address and toll-free phone number.
Arrest (i.e. non-conviction) record information on applicants not expected to reach or exceed an annual salary of $75,000 must be limited to a 7-year search scope. Arrest record information on those reasonably expected to reach or exceed $75,000 annual may date back as far as information is obtainable. Effective in October, 1998, conviction information on all may date back as far as records allow.