Pennsylvania 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 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.

In Philadelphia, PA, as of July 1, 2017, per the Philadelphia Code §9-1130, it is generally unlawful for an employer to obtain or use credit information in connection with the following: hiring, discharge, tenure, promotion, discipline, or conditions of employment.

What is the renewal requirement for background checks? They must be renewed every 60 months (five years). The fingerprint FBI check or the Disclosure Statement only needs to be completed one time since establishing PA residency.

Background Reports First, the employer must ask for your written permission before getting the report. You don't have to give your permission, but if you're applying for a job and you don't give your permission, the employer may reject your application.

The Pennsylvania Fair-Chance Hiring law is a ban-the-box provision that forbids asking about criminal history on applications for public service jobs in state departments under the governor's authority.

§ 9121(b)(2).) Generally, an employer can inquire into any criminal background information. However, because Pennsylvania allows employers to only consider felony and misdemeanor convictions for hiring decisions, it is best to only inquire on an application or in an interview about felony or misdemeanor convictions.

Covered employers may only consider convictions within the last seven years from date of disposition or release from confinement whichever is later, and may not consider non-convictions regardless of when they occurred.

A background check is a legal investigation into a potential employee's history. Background screening often involves criminal background checks, identity verification, and education and credential checks. It can also include health checks, DVLA checks, social media screening and drug screening.

The PA background check policy demands that the report exclude arrest records that didn't lead to a conviction if they took place more than 7 years ago. Unless the position has a salary of over $75,000 annually.

Covered employers may only consider convictions within the last seven years from date of disposition or release from confinement whichever is later, and may not consider non-convictions regardless of when they occurred.

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