To read the Supreme Court’s full decision, go to: http://www.supremecourt.gov/opinions/10pdf/09-530.pdf 3.
What Cannot Be in a Background Check Report? The federal Fair Credit Reporting Act (credit rating Pennsylvania FCRA) sets national standards for employment screening. However, the law only applies to background checks performed by an outside company, called a "consumer reporting agency" under the FCRA.
The law does not apply in situations where the employer conducts background checks inhouse. Your state may have stronger laws, such credit rating Pennsylvania as California's Investigative Consumer Reporting Agencies Act (Civil Code §1786) and the California Consumer Credit Reporting Agency Act (Civil Code §1785). In addition, many state labor codes and state fair employment guidelines limit the content of an employment background credit rating Pennsylvania check. credit bureau report (For more on the FCRA, see Part 5.) Under the FCRA, a background check report is called a "consumer report." This is the same "credit rating Pennsylvania official" name given to your credit report, and the same limits on disclosure apply.
The FCRA says credit rating Pennsylvania the following cannot be reported: However, the above reporting restrictions imposed credit rating Pennsylvania by the FCRA do not apply to jobs with an annual salary of $75,000 or more a year. The most recent change to credit rating Pennsylvania the FCRA made criminal convictions reportable indefinitely. get credit report free California still follows the seven-year rule (CA credit rating Pennsylvania Civil Code 1786.18) as do some other states.
To find the limit for reporting criminal convictions in your state, contact your state employment agency or office of credit rating Pennsylvania consumer affairs. Other laws that should be considered: Arrest information. Although arrest record information is public record, in California and other states employers cannot seek from any source the arrest record of a potential employee. However, if the arrest resulted in a conviction, or if the applicant is out of jail but pending trial, that information can be used. In California, credit rating Pennsylvania an exception exists for the health care industry where any employer who has an interest in hiring a credit rating Pennsylvania person with access to patients can ask about sex related credit rating Pennsylvania arrests. clark howard free credit report And, when an employee may have access to medications, an credit rating Pennsylvania employer can ask about drug related arrests.
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