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California Law Background Checks
CA Background Check Laws Investigative Consumer Reporting Act (ICRAA- CA Civil Code §1786) California law was amended in 2001 to give job applicants and current employees greater rights to see the results of background checks. Employers covered by California law, particularly in San Francisco and also separately in Los Angeles,3 must continue to be mindful of the various layers of laws that govern inquiries into, and the use, of criminal records.4 Employers in California that use criminal background reports must also continue to be mindful of the federal and California fair credit reporting laws.5 It remains to be seen whether the Equal Employment Opportunity Commission (EEOC) will take measures to preserve its enforcement guidance on the use of arrest records and convictions for hiring and employment decisions.6 Such measures will be of interest to employers nationwide, because some EEOC lawsuits are still ongoing.7. 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. Along with ensuring criminal background checks comply with California law, employers also need to be aware of complex federal and EEO laws that prohibit discrimination on the basis of criminal background history.
Tenant criminal background checks are treated the same as consumer credit reports under both federal and California law. California employers must also remember to comply with the Federal Fair Credit Reporting Act (and related California laws) when running a background check. Both federal and California law impose additional requirements on the users of background checks” over and above the requirements for consumer credit reports.”
The California Supreme Court has agreed to consider whether the Investigative Consumer Reporting Agencies Act (ICRAA) is unconstitutionally vague when applied to employee background checks because of its overlap with another California law, the Consumer Credit Reporting Agencies Act (CCRAA). It also lets employers ask during background checks whether a job candidate has ever sexually harassed anyone... Two new laws focus on making California law-enforcement officers accountable.. In addition, under California law, the Investigative Consumer Reporting Agencies Act and the Consumer Credit Reporting Agencies Act could apply to background checks in the employment context.
California laws governing background checks require employers to follow the FCRA. In addition to consumer protection laws concerned with ensuring people have notice of background checks and that such checks are accurate and confidential, California law puts certain kinds of arrest and conviction information off-limits. California Pre-employment Background Check Laws: New Proposal To Limit Use Of Criminal History On behalf of Hennig Ruiz & Singh posted in California Law on Monday, August 8, 2016.
Fortunately, we have federal and state laws that protect us from these private databses showing inaccurate information about us. Under California law an expunged criminal case is not allowed to be shown on a criminal background check ran for employment purposes. California applicants, employees or residents: NOTICE REGARDING BACKGROUND INVESTIGATION PURSUANT TO CALIFORNIA LAW.” Although ex-offender” is not considered a protected characteristic under California law or Title VII, employers are prohibited from considering criminal background if doing so will result in an adverse impact (referred to by the EEOC as disparate impact”) on individuals within a certain class (e.g., race, national origin, etc.). The regulations bring California into alignment with federal law on this point.
Notably, California law is not clear about an evergreen provision, and therefore, providing notice to the applicant/employee and obtaining his/her authorization each time a background report is requested should be considered. Employees will have their privacy rights protected, and the worst types of abuses where entities run background checks on people without telling them will be illegal under California law,” Pyle said Aug. California law follows the FCRA's general seven-year rule as the limit for reporting most negative information on an employment background check.
Under California law, arrest and conviction records that are more than seven years old cannot be included on a background check report.
https://oag.ca.gov/fingerprints/applicants
https://oag.ca.gov/fingerprints/visaimmigration
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