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

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

Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.

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.

Can an Employer See Your Credit Score? Employers who run credit checks cannot see your credit score. The report they receive includes information that contributes to your score, like payment history, and frequent late payments could be a cause for concern. But the three-digit credit number is not included.

The reason for such a wide variation in the timeline of the check is that there is a wide variation in the specific elements that make up the background check. But generally speaking, a typical check usually takes two to four business days barring any unforeseen circumstances or other complications.

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.

According to the 2018 HR.com report, employers typically assess applicants based on their long-term credit history four to seven years overall unlike lenders. That means if there is a big discrepancy from a few years ago, an employer may still ask you about it even if your most recent credit history is healthy.

Unfortunately, while federal laws prevent discrimination in the workplace regarding race and gender, no such laws exist to prevent being denied a job due to poor credit history. So yes, in most states your credit report can influence the hiring decision.

Oregon's ban the box law makes it unlawful for an employer to ask about your criminal history before the interview stage of hiring. In Portland, employers must wait until a conditional job offer has been made before inquiring about criminal histories.

Anyone can request an Oregon background check, but employers must follow specific steps in order to ensure compliance with the Fair Credit Reporting Act, Ban the Box, and Oregon's Pay Equity Law.

A background check usually comes at the end of the hiring process. Employers will typically conduct a background check before they're about to make an offer. They may be conducting a background check on a handful of candidates they're considering making an offer to.

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