Iowa 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

The FCRA applies to any company that collects and sells data about you to third parties. Such companies, known as consumer reporting agencies, must follow the stipulations of the FCRA. The three most well-known consumer reporting agencies in the U.S. are Equifax, TransUnion and Experian.

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.

The FCRA gives you the right to be told if information in your credit file is used against you to deny your application for credit, employment or insurance. The FCRA also gives you the right to request and access all the information a consumer reporting agency has about you (this is called "file disclosure").

Employers could ask for references at any point in the hiring process. It's usually helpful to prepare a list of references when you first start looking for jobs so you can offer it whenever the employer asks.

FCRA compliance is required for any employer that partners with a background screening company to conduct pre-employment checks.

Under Iowa law, an employer is immune from liability for communicating work-related information about a current or former employee to a prospective employer in response to a request from or with the authorization of the current or former employee (Iowa Code § 91B.

Employers will reach out to your references prior to offering a job so generally near the end of the hiring process. However, doing a reference check does not imply you will be receiving an offer.

Both methods are used to verify elements of a candidate's application, interview and work history. However, they serve different purposes. The reference check typically comes before a background check when a company uses both approaches.

FCRA rules generally apply any time an employer obtains a background check on a potential job candidate from a third-party source. Among other provisions, and according to the FTC, the FCRA safeguards job applicants by ensuring: They have the right to be informed of a background check.

The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.

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Iowa Consent to Credit History, Background and Reference Check by Potential Employee