The Two Sides Of Consumer Report
Consumer reports just go about flying over the desks of employers. These are the type of reports resulted from a background check which main purpose is to become a factor for evaluation and eligibility for reason of employment, credit application and insurance. However, this background check should be conducted and procured under the provision set by the Fair Credit Reporting Act. It specifically under Section 604 of this Act states that, a written consent or authorization must be obtained first by the employer before a background check is conducted. Furthermore, the background check should not be conducted by the employer per se but must come from a third party or a background check company in order for it to be recognized and covered by the FCRA.
More often than not, there are still individual who doesn’t know the information that are only included in a lawful and allowable consumer report. This may seem trivial but knowing the limit as to the real score on what should be expected to come out in the report can protect yourself from invasion of privacy. Equivalently, knowing what should not be included in a consumer report will keep you more shielded by your rights to privacy as well.
Since the limit and inclusion of consumer report information varies from one state to another, researching the reporting limit permitted by the state you are currently residing must be done to avoid embarrassment in front of your employer if you happen to refute or refuse such background check. Generally, the following types of information are commonly but not entirely included in a particular background check:
• Criminal Records including sex offender list (Employers should make sure that the information gathered are up-to-date. Criminal records is usually needed by employers with the nature of work includes child care facilities, public utilities, law enforcement and security firms)
• Education Records (A school is not allowed to disclose student records without a written authorization from the student concerned. Only directory information that consist of the name, address, inclusive years of attendance, degrees and other school-related activities are allowed to be release)
• Bankruptcy (Bankruptcy records should not be used to discriminate job applicant or employee either by denying application or termination)
• Worker’s Compensation (Employers can only ask for this records if any injury to the concerned brought apprehension if it will affect her/his ability to performed the tasks and duties)
• Medical Records (Employers are only allowed to inquire medical records if the purpose is to ask about the ability of the concerned to perform the required job functions and task. A written authorization is also needed)
• Military Records (Due to its confidentiality status, military records are only released under limited circumstances. A written consent is also requested under Freedom of Information Act)
• Credit reports (Employers should inform the concerned about the result of the report in order for him/her to explain, if not refute, of its accuracy and reliability)
• Court Records
• Vehicle Registration
• Driving Records
• Social Security Number
• Property Ownership
• Personal or Character references including past employers and neighbor interviews
• Drug Test Records
• State Licensing Records
• Incarceration Records
On the other hand, the Fair Credit Reporting Act also outlined what should not be included in a consumer report or background check:
• Negative information except criminal offenses that had already lapsed for seven years or more
• Bankruptcy filed 10 years before
• Seven year lapsed from date of entry records of civil suits, court records of arrest and civil judgment
• Paid Tax liens after seven years
• Accounts already under collection after seven years
This seven year rule is declared under CA Civil Code 1786.18. However, even if these records cannot be allowed to be included in the report even if had already expired due to seven years cessation period, the employer can still ask question relating to this cases. This conversely does not apply to jobs with a gross annual income of $75,000 and up. A background check company should be aware with all of this inclusion and limitation to avoid raps and prejudice to any job applicant or employees. Any misinformation and erroneous report can cause discrimination and unfairness to the concerned.
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