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Employers routinely obtain consumer reports that include the verification of the applicant/employee's Social Security number; current and previous residences; employment history, including all personnel files; education; references; credit history and reports; criminal history, including records from any criminal
An investigative consumer report is more like a detailed background check. Facts that create a picture of who you are as a person are included in this kind of report, and the gathering of that information might even include interviews with your neighbors, friends and associates.
Before requesting a consumer report (such as credit reports and background checks), employers now must: (1) make a clear and conspicuous disclosure in a separate document to the applicant or employee that a report may be requested; and (2) obtain written permission from the applicant or employee.
Unlike federal law, California law also requires new consent each time an investigative report is sought during employment if the report is for purposes other than suspicion of wrongdoing or misconduct. Employers must provide the applicant or employee with the opportunity to request a copy of the report.
Get written permission from the applicant or employee. This can be part of the document you use to notify the person that you will get a consumer report. If you want the authorization to allow you to get consumer reports throughout the person's employment, make sure you say so clearly and conspicuously.
When you formally reject the applicant, you would be required to provide an adverse action notice. The applicants for a sensitive financial position have authorized you to obtain credit reports.
The applicant or employee must agree in writing to the release of the report to the employer. This written permission may be given on the notice itself.
(d) The term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or
To get the additional free report you must request it within 60 days after you receive the notice.