Background Check Regulations (and sample of forms)
Employers that conduct background checks must comply with the Federal Fair Credit Reporting Act, the California Consumer Credit Reporting Agencies Act, and the Investigative Consumer Reporting Agencies Act, as applicable. California, in general, is more rigid than the federal law, employers should ensure their vendors also comply with California's requirements. With regard to this Act: Employer includes direct and joint employers, employers' agents, and staffing agencies. Applicant: defined as individuals who were conditionally offered employment, which includes current employees applying for new positions and employees subject to review because change of ownership. When an employer intends to deny employment because of an applicant's conviction history, the employer must conduct an “initial individualized assessment,” and a “reassessment” using the information voluntarily provided through the hiring process. ...