Background checks are an invaluable tool for employers to screen potential employees. A background check typically consists of information about an applicant's civil, criminal and credit history. The federal Fair Credit Reporting Act (FCRA) provides some basic guidelines on how a background check should be conducted.

The FCRA only covers information contained in the applicant's credit report and only has to be adhered to if the employer hires an outside screening company. However, in the State of California, there are additional privacy rules that govern the process. In short, California background checks conducted by third party companies must also comply with stringent regulations.

In general, the rules state that employers must get a potential or existing employee's written permission before hiring an Investigative Consumer Reporting Agency (ICRA) to conduct a background check on them. Plus, employers who deny a person employment or a promotion, because of something contained in the report, are required to notify the individual of the adverse information that was used to make their decision.

If an employer violates any of these rules, he or she could be hit with stiff penalties and the affected employee could also sue the employer for punitive damages. For this reason it is in the employer's best interest to contract an ICRA who is familiar with both the federal and local regulations. At The Legal Process, our staff certainly fits the bill and we would be happy to help you conduct thorough background checks that are in full compliance with all legal guidelines.

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