In addition, many state labor credit report credit score Louisiana codes and state fair employment guidelines limit the content of an employment background check. (For more on the FCRA, see Part 5.) Under the FCRA, a background check credit report credit score Louisiana report is called a "consumer report." This is the same "official" name given to credit report credit score Louisiana your credit report, and the same limits on disclosure apply. The FCRA says the following cannot be reported: However, the above reporting restrictions imposed by the FCRA do not apply to jobs with an annual salary of $75,000 or more a credit report credit score Louisiana year. The most recent change to the credit report credit score Louisiana FCRA made criminal convictions reportable indefinitely. California still follows the seven-year rule (CA Civil Code 1786.18) as do some other states. To find the limit for reporting criminal convictions in your state, contact your credit report credit score Louisiana state employment agency or office of consumer affairs. Other laws that should be considered: Arrest information. Although arrest record information credit report credit score Louisiana 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 credit report credit score Louisiana conviction, or if the applicant is out of jail but pending trial, that information credit report credit score Louisiana can be used. free credit report from
In California, an exception exists for the health care industry where any employer who has an interest in hiring a person with access to patients can ask about sex related arrests. And, when an employee may have access to medications, an employer can ask about drug related arrests. Employers need to use caution in checking criminal records. Information offered to the public by web-based information brokers is not always accurate or up to date. This violates both federal and California law when reported as such. Also, in California, an employer may not inquire about a marijuana conviction that is more than two years old. In California, employers may access workers' compensation records after making an offer of employment. To gain access, employers must register with the WCAB and confirm that the records are being accessed for legitimate purposes. Although the agency may not reveal medical information and the employer may not rescind an offer due to a credit report credit score Louisiana workers' compensation claim (California Labor Code 132a), employers sometimes discover that applicants have not revealed previous employers where they had filed claims. check credit rating In such situations, employers often terminate the new hire because it appears they falsified the application. Although these laws should prevent an employer from considering certain information, credit report credit score Louisiana there is no realistic way for the applicant to determine whether such information will be revealed in a background check. This is particularly true for investigations conducted online where the information obtained from web-based information brokers might not be verified for accuracy or completeness. For example, if you were arrested but never convicted, a data search could reveal the arrest, but the investigator who compiled the information might not delve credit report credit score Louisiana further into the public records to determine that you were acquitted or the charges were dropped.
Reputable employment screening companies always credit report credit score Louisiana verify negative information obtained from data base searches against the actual public records filed at the courthouse. Can an employment application ask about things that should not be reported? The FCRA does not prohibit an employer from asking questions in an employment application. See FTC letters to Nadell and Sum: www.ftc.gov/os/statutes/fcra/nadell.htmwww.ftc.credit report credit score Louisiana gov/os/statutes/fcra/sum.htm For example, an employment application might ask if you have "ever" been arrested. The FCRA says a consumer reporting credit report credit score Louisiana agency cannot report an arrest that from credit report credit score Louisiana date of entry was more than seven years ago. print free credit report It does not say the employer cannot ask the question. How to handle such questions on an employment application is of real concern to many people, especially those concerned with a youthful mistake from the distant past. State employment laws may limit the questions an employer includes on a job application. For example, in credit report credit score Louisiana California an application may ask "job related questions about convictions except those that have been sealed, or expunged, or statutorily eradicated," but applications cannot ask "general questions regarding an arrest." www.dfeh.ca.gov/res/docs/publications/DFEH-161.pdf To learn about employment laws in your state, search the Internet for “employment inquiries” followed by the name of your state.
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