California Background Check Authorization Form
California Background Check Authorization Form
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California Background Check Authorization Form
California employers seeking to hire a new employee, but desiring to perform a background check should familiarize themselves with California law (California Labor Code §1024.5 and California Civil Code §1786.22) and the Fair Credit Reporting Act (FCRA), which in addition to providing rules for credit checks, also governs employment background checks for the purposes of "hiring, promotion, retention, or reassignment." Different rules apply depending on whether the employer conducts the background check itself, or hires a third party to perform the background check. In contrast to the FCRA pre-adverse and adverse action notices—required only if the adverse decision is based on information obtained from a background check report from a CRA—the California notices are required even if the employer doesn't order criminal background check reports from a CRA, but learns of the criminal history from a different source (such as an applicant self-disclosure). To improve their risk profile, many manufacturers contract out/conduct employee background checks as part of their hiring process It's important that when requesting/performing background checks that, as an employer, you understand the national standards as set by the Federal Fair Credit Reporting Act (FCRA) as well as California state law.
Should the period of 3-5 business days pass and your applicant has not demonstrated they are in the process of disputing the information contained in their report, you must then provide your applicant with an adverse-action letter, a copy of the entire background report, A Summary of Your Rights Under the Fair Credit Reporting Act,” and if in California, the California statement of consumer rights. This blog highlights the laws concerning criminal and credit history background check reports in California, after briefly discussing the decades-old federal Fair Credit Reporting Act (FCRA”). On November 21, 2017, an employee of L3 Technologies Inc., a government contractor, filed a putative class action in federal court in California alleging that the consent form the company provides to new hires and employees prior to conducting a background check runs afoul of the Fair Credit Reporting Act because it also includes a liability waiver.
California landlords are permitted to use credit reports and other tenant screening reports to determine whether to rent to an applicant, according to California Landlord Tenant Law, which also permits landlords to charge tenants for the cost of actual, reasonable fees for obtaining California tenant screening background checks. Provide your applicant with a pre-adverse action letter, a copy of the entire background report, a Summary of your Rights Under the FCRA form, and if in California, The California Statement of Consumer Rights form. Employers may wish to review their background check disclosure and consent forms to ensure that they do not improperly include extraneous” information and that they otherwise comply with the FCRA (and California law, as applicable).
California law follows the FCRA's general seven-year rule as the limit for reporting most negative information on an employment background check. The California Supreme Court ruled on the constitutionality of the Investigative Consumer Reporting Agencies Act, which is relevant to California employers and their background screening process. The Ninth Circuit, which has jurisdiction over California, is the first court to address the issue of whether employers may satisfy the FCRA by combining a background check disclosure form with a liability waiver.
Before 2014, when San Francisco enacted a city-wide ban-the-box law, criminal history background checks were largely unregulated in California, except for a handful of Labor Code provisions that barred consideration of certain types of criminal records. California law authorizes certain governmental and private organizations to conduct criminal offender record information background checks to help determine the suitability of a person applying for a license, employment, or a volunteer position working with children, the elderly, or the disabled.
https://www.msun.edu/hr/forms/Authorization_for_Background_Investigation_MSU-Northern.pdf
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