In the dynamic landscape of employment law, staying abreast of legal developments is paramount for businesses and individuals alike. One ruling that has sparked significant discussion and implications recently is the California Court of Appeal decision in All of Us Or None Of Us v. Hamrick, which could potentially reshape the realm of employment background checks in the state.
Issued on 05/26/2021, the ruling stems from a civil rights complaint filed in Riverside, California, by a Civil Rights Organization advocating for the rights of former and currently incarcerated individuals. At its core, the case addresses concerns surrounding the accessibility of Personally Identifiable Information (PII) on public access portals, particularly in Los Angeles County.
A key aspect of the ruling mandates the redaction of all PII other than the name from public access portals. While this move aims to safeguard the privacy rights of individuals involved in the criminal justice system, it presents a significant challenge for background check companies and employers conducting pre-employment screenings.
Under the Fair Credit Reporting Act (FCRA) guidelines, obtaining additional identifiers beyond just the name is often crucial for thorough background checks. However, with the new requirement limiting the number of names per full docket order to access such information, the process becomes more cumbersome and time-consuming. As a result, delays in background check completion ranging from a week to several months are anticipated. Most searches that are clear will be completed within 48 to 72 hours. However, if additional research is needed to clarify a record, a full docket must be ordered.
The ramifications of this ruling are far-reaching, impacting employers across various industries. In an era where hiring decisions are increasingly scrutinized, ensuring compliance with evolving legal standards is essential to mitigate risks of legal action and reputational damage. Employers in California must navigate these changes with diligence and adapt their hiring practices accordingly. It’s imperative to strike a balance between conducting thorough background checks to ensure workplace safety and compliance with legal requirements while also respecting the privacy rights of job applicants.
As the legal landscape surrounding employment background checks continues to evolve, businesses must stay informed and adaptable to ensure compliance and integrity in their hiring processes. At SELECTiON.COM®, we understand the complexities and challenges presented by regulatory changes such as the recent California Court of Appeal ruling.
By partnering with SELECTiON.COM®, businesses can benefit from our comprehensive understanding of regulatory requirements and access to cutting-edge technology and resources for efficient and reliable background screening solutions.
In an era where hiring decisions are subject to increasing scrutiny and legal complexity, trust SELECTiON.COM® to be your partner in navigating the ever-changing landscape of employment background checks with confidence and peace of mind.
Contact us today to see how SELECTiON.COM® can improve your background check process.
This page gives a general overview of legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your legal counsel for all applicant approval matters.
This page is provided for information purposes only, and the contents hereof are subject to change without notice. This page is not warranted to be error-free nor subject to any other warranties or conditions, whether expressed orally or implied in law, including implied warranties and conditions of merchantability or fitness for a particular purpose.
We are thrilled to announce and congratulate Cassie Miller on her remarkable achievement in taking on the role of Director of Operations within our company. With an impressive tenure of 19 years, Cassie has demonstrated unparalleled dedication, commitment, and expertise, making her an invaluable asset to our organization.
Cassie has continually showcased her exceptional skills and unwavering passion for excellence throughout her almost two decades of service. Her profound understanding of our company’s operations, coupled with her extensive background knowledge, has consistently contributed to our success and growth.
In her new capacity as Director of Operations, Cassie will undoubtedly excel in leading and enhancing our operational strategies, driving efficiency, and fostering continued success.
Upon receiving this well-deserved promotion, Cassie expressed her excitement, stating, “I am truly honored and excited to step into the role of Director of Operations. Over the years, I have witnessed the evolution of our company firsthand, and I am eager to contribute to its ongoing success in this new capacity. I am committed to leading our operations with diligence and a relentless pursuit of excellence.”
Cassie’s dedication, expertise, and unwavering commitment to our company’s values make her the perfect fit for this crucial leadership position. We have full confidence that our operations will continue to thrive under her guidance and our company will reach new milestones.
Please join us in congratulating Cassie Miller on her well-deserved promotion. Her appointment marks an exciting chapter in our company’s journey, and we look forward to achieving even greater success together under her capable leadership.
In a move toward promoting fair employment practices and second chances for individuals with criminal records, the California Civil Rights Council (CCRC) has recently made amendments to the regulations in California’s 2018 Fair Chance Act. These revised regulations, which went into effect on October 1, 2023, aim to provide greater clarity and guidance to employers and job seekers alike. The Fair Chance Act, also known as “Ban the Box,” has been a pivotal piece of legislation in California’s ongoing efforts to reduce discrimination against those with criminal histories in the hiring process.
Background
The 2018 Fair Chance Act, signed into law by then-Governor Jerry Brown, is a piece of legislation designed to provide individuals with prior criminal convictions a fair shot at employment. The Act restricts employers from inquiring about an applicant’s criminal history until after a conditional offer of employment has been extended. This means that employers are prohibited from including questions about criminal records on job applications or during initial interviews. The Act aims to ensure that individuals with criminal records are not immediately disqualified from job opportunities, giving them a chance to prove their qualifications and suitability for the position.
The Amendments
The recent amendments made by the California Civil Rights Council seek to further strengthen the Fair Chance Act and provide additional clarity to both employers and job seekers. Some of the key changes include:
Timing of Background Checks: The revised regulations specify the appropriate timing for conducting background checks. Employers are now required to wait until after a conditional offer has been made before conducting any background checks. This helps ensure that an applicant’s criminal history is not used as an initial screening tool.
Individualized Assessment: The amendments emphasize the importance of conducting an individualized assessment when considering an applicant’s criminal history. Employers are encouraged to consider factors such as the nature and gravity of the offense, the time that has passed since the conviction, and the applicant’s rehabilitation efforts.
Notice Requirements: Employers must now provide clear and specific notices to applicants if they intend to take adverse action based on their criminal history. These notices should include information about the conviction(s) that are the basis for the decision and a reasonable opportunity for the applicant to respond.
Training Requirements: The revised regulations also highlight the importance of training for employers to ensure compliance with the Fair Chance Act. Employers are encouraged to provide training to their staff involved in the hiring process to ensure that they understand and adhere to the law.
Impact and Implications
By providing clearer guidelines for employers and emphasizing individualized assessments, these changes are expected to reduce discrimination and open up more employment opportunities for those who deserve a second chance. It’s important to note that employers should familiarize themselves with these updated regulations and ensure that their hiring practices align with the Fair Chance Act. Failure to do so may result in legal consequences.
Further information on these changes can be found on the Ogletree website and other sources across the web.
Contact us today to see how SELECTiON.COM® can improve your background check process.
This page gives a general overview of legal matters. However, it is your responsibility to ensure compliance with all the relevant federal, state, and local laws governing this area. SELECTiON.COM® does not provide legal advice, and we always suggest consulting your legal counsel for all applicant approval matters.
This page is provided for information purposes only, and the contents hereof are subject to change without notice. This page is not warranted to be error-free nor subject to any other warranties or conditions, whether expressed orally or implied in law, including implied warranties and conditions of merchantability or fitness for a particular purpose.
Businesses are required to let an applicant know why they were rejected. Thanks to the Fair Credit Reporting Act (FCRA), there are laws put into place to make sure applicants are informed of their rights. Failure to implement this step of the background check process now can mean costly litigation in the future.
The Importance of Being FCRA Compliant and Sending Adverse Action Letters
If a company decides not to hire an applicant due to their background check, regardless of the reason, the company is obligated to notify the applicant. FCRA guidelines mandate that the company must send the applicant a Pre-Decision Letter notifying them of the potential for adverse action based upon information uncovered during the pre-employment screening. Adverse action is a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee, according to the FCRA.
What is a Pre-Decision Letter?
A pre-adverse action letter is a notice to the applicant that the company might not hire them due to information uncovered during their background check. This initial mailing must also include a copy of their background check and a Consumer Rights Letter. Keep in mind that this letter is not the final decision notice.
According to the FCRA, if a criminal background report contains information which “in whole or in part” may cause you to take any adverse action, including rejecting that candidate for employment, denying a promotion, or terminating a current employee, then you must provide a copy of the report to the applicant and the CFPB’s summary of rights prior to making your decision final.
It’s suggested that you wait 4-5 business days after you mail a copy of the report and the summary of rights, before contacting the applicant with your final decision. By sending a Pre-Decision letter, this allows time for the applicant to address or dispute any incorrect information before the company makes their final decision.
What is an Adverse Action Letter?
It is a final notice that informs the applicant the company decided to either not to hire them, cancel their offer of employment, or terminate their employment.
Failure to follow the above proper procedure could lead to litigation.
SELECTiON.COM® stays up-to-date on all FCRA regulations and provides the tools to keep you compliant with the click of a button via our proprietary web portal, Fastrax®. We offer pre-populated Pre-Decision and Adverse Action Letters free of charge on your custom dashboard, or by checking a box, our clients can choose to have our in-house staff do the mailings for them.
If you don’t know what the Summary of Rights or Adverse Action forms are, not to worry, we have you covered! These forms are conveniently available on the Fastrax® website.
Contact us today to see how SELECTiON.COM® can improve your background check process.
Finding the right renters for your house or apartment can be difficult. A bad tenant can cause months of headaches, among other issues. For that reason, many landlords have turned to background checks as a first step to screening potential renters.
What background checks do landlords typically run?
Consumer credit report
Eviction report
SSN trace and address history
Employment verification
Criminal history report
Landlords who decide to implement a background screening process for potential tenants, or engage the services of a third party to do it for them, will immediately discover an assortment of challenging and involved statutes, laws, and regulations. The Fair Credit Reporting Act (FCRA) is an essential part of any background check program, and it’s crucial for you to understand how it applies to your situation.
What is the FCRA?
The FCRA is a federal law that governs the collection, assembly, and use of consumer information. It provides the framework for the credit reporting system in the United States, including consumer credit information. FCRA regulates the practices of Consumer Reporting Agencies that collect and compile consumer information into reports for use by credit grantors, insurance companies, employers, landlords, and other entities who make eligibility decisions affecting consumers.
The FCRA regulates landlords in the following manner:
FCRA sets rules for what information landlords can gather and rules for how gathered information can be used, i.e., the extent to which property owners can use background check results in making tenancy decisions.
Many states also restrict what criminal background and credit information landlords may obtain and/or use.
Landlords who utilize CRAs to procure criminal background reports must take specific “pre-procurement” steps.
10 FCRA Best Practices
Provide notice to the subject that a criminal background check may be obtained for tenancy purposes.
Obtain authorization from the subject of the criminal background report.
Make this notice a stand-alone document.
If a criminal background report contains negative information which “in whole or in part” may cause you to take any adverse action, including rejecting that candidate for tenancy, you must provide the applicant a pre-decision letter, a copy of the background check report, and the FCRA Summary of Rights.
Give the applicant sufficient time to obtain /dispute/ clarify the background check report before making a final decision.
After the appropriate waiting period (4-5 business days) has passed, if you decide to take adverse action, provide notice of such adverse action to the subject of the background check. Although notice may be provided orally, the more prudent route is to use written or electronic notification.
Move away from broad, across-the-board criminal background exclusions.
Refine general exclusion standards to apply to the actual positions sought.
Use individualized assessments when considering applicants with criminal records.
Consider state law restrictions on obtaining and using criminal background information.
SELECTiON.COM® provides the comprehensive and customizable screening solutions needed to navigate the legal aspects of background screening. We stay up-to-date with all EEOC and FCRA regulations and provide you with all of the forms you need on our proprietary system, Fastrax®. Our system allows property owners to stay compliant and provides clients with the ability to follow the background check process from start to finish. In addition, our Applicant Entry system will obtain accurate information straight from the applicant, as well as an electronic release form.
Contact us today to see how SELECTiON.COM® can take your tenant background check process to the next level.
NOTE: The contents of this article are not legal advice for your particular situation. You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.
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Businesses are required to let an applicant know why they were rejected. Thanks to the Fair Credit Reporting Act (FCRA), there are laws put into place to make sure applicants are informed of their rights. Failure to implement this step of the background check process now can mean costly litigation in the future.
