Negligent Hiring
Cab Company Sued in Dancer's Attack
Cheyenne School Sued for $12 Million in Negligent Hiring Case
Church Sued for Negligent Hiring
Home Health Agency Liable for Not Doing Background Checks
Home Health Agency Negligent in Murder
Landlord Found Negligent in Tenant's Rape
Virginia County Sued for Negligent Hiring
Workplace Violence Sends $7 Million Message
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Frequently asked questions

FCRA
Can we ask our applicant's friends or co-workers about his character or job performance?

Yes. Under the Fair Credit Reporting Act (FCRA), a background check that includes interviews with "neighbors, friends, or associates" about your "character, general reputation, personal characteristics, or mode of living" is called an "Investigative Consumer Report."  When information is gathered from interviews, the FCRA requires a separate disclosure. The applicant is also entitled to know the "nature and scope" of an Investigative Consumer Report, but the applicant is required to ask.


Why do we have to tell an applicant that we are doing a background check?

The Fair Credit Reporting Act (FCRA) requires "disclosure" to and "consent" from the applicant before ordering a "Consumer Report."  Consumer Reports might include credit reports, criminal background checks, driving records, educational or employment verifications or interviews with neighbors, friends and associates.

Under the FCRA, the employer must obtain the applicant’s written authorization before the background check is conducted. The authorization must be on a document separate from all other documents such as an employment application. In California, at the time an employer obtains permission for a background check, the applicant or employee should also be told that he or she may request a copy of the report.


 


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