District of Columbia Consent to Credit History, Background and Reference Check by Potential Employee

State:
Multi-State
Control #:
US-04330BG
Format:
Word
Instant download

Description

This is a consent form to be signed by a potential Employee, permitting a credit history, background and reference check to be performed by the Landlord or Employer.


Businesses rarely prosper by treating employees unfairly. Successful businesses, particularly in nonunion settings, are a meritocracy. People are selected because of their qualifications and are advanced because of their performance. While commendable, this simple rule is not enough to avoid Equal Employment Opportunity (EEO) legal pitfalls. In Hawaii, for example, an employment application that inquires into felony convictions is unlawful on its face and can expose well-meaning employers and their individual managers to thousands of dollars in damages. The key to EEO compliance is depth of knowledge of the law and how it applies to your business. Here is our compliance and loss prevention approach.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

Thanks to the Fair Credit Reporting Act (FCRA), employers can't go checking your credit history behind your back. They must have written consent before pulling an applicant's credit history.

This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Some employers look into your background before deciding whether to hire you, or before deciding whether you can keep your job. When they do, you have legal rights.

Maryland: The limit is seven years, unless: The anticipated salary will be equal to or greater than $20,000. Transportation Networks can search the entire adult history for candidates.

A credit check may be authorized before an interview, or at any point in the hiring process, so an employer might base the employment decision on many factors including an applicant's credit worthiness. If a job candidate does not authorize the credit check, he might be excluded from the hiring process.

With a federal job background check, a prospective employer can collect any records held by the federal criminal courts, including all case documents. Searches can involve specific districts only or can cover all the federal districts within a state or a group of states.

The bill prohibits most employers from using credit scores and credit history in making hiring decisions. California is the seventh state in the country to ban the practice of credit checks by most employers.

If your actual concern is, How long will a conviction show up on a background check? well, that's a different answer! Under the Fair Credit and Reporting Act, companies that perform background checks can only report convictions from the previous 7 years.

In general, background checks typically cover seven years of criminal and court records, but can go back further depending on compliance laws and what is being searched.

Under the law, arrest records can contain only listings of felony convictions that have occurred within the last 10 years. Information about such convictions cannot be used as a bar to employment unless they are substantially related to the job in question.

Thus, the FCRA is not limited to credit reportingit extends to criminal and civil records, civil lawsuits, reference checks and other information obtained by a consumer reporting agency. The FCRA allows job applicants to sue employers who fail to comply with any requirement imposed by the law.

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District of Columbia Consent to Credit History, Background and Reference Check by Potential Employee