You must: Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment. Get written permission from the applicant or employee. Certify compliance to the company from which you are getting the applicant or employee's information.
Disclosure of Report Before an employer may take adverse action against an applicant or employee that is based in whole or in part on a consumer report or investigative consumer report, it must provide the individual with a copy of the report and a copy of the individual's summary of consumer rights.
An Investigative Consumer Report is a special type of consumer report that is gathered from personal interviews of neighbors, friends, associates, or current and past employers that may have information bearing on the applicant's credit worthiness, credit standing, credit capacity, character, general reputation, ...
Employers who use "investigative reports" – reports based on personal interviews concerning a person's character, general reputation, personal characteristics, and lifestyle – have additional obligations under the FCRA.
If the information is to be used for an insurance transaction, the consumer must give consent to the user of the report or the information must be coded.
California Credit Reporting Agencies Act (CCRAA) Employers in California are limited when they can request a consumer report, which essentially means a credit report. Under the CCRAA, employers must have a “legitimate business need” to access a credit record.
How Far Back Does a Background Check Go in New York? The FCRA's seven-year lookback period limits how long adverse information can be reported and used for hiring decisions for applicants in New York. Arrests that are older than seven years not resulting in convictions will not be reported.
You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer.