In order to be compliant with upcoming changes to the law, you must update your release form and process.

First please note the following:

1) Sample documents should NOT be construed as legal advice, guidance or counsel. Employers should consult their own attorney about their compliance responsibilities under the FCRA and applicable state law. PeopleG2 expressly disclaims any warranties or responsibility or damages associated with or arising out of information provided. Employers seeking credit reports must provide additional notices pursuant to state law.

2) Because of recent case law we now require the “DISCLOSURE REGARDING BACKGROUND INVESTIGATION” and “ACKNOWLEDGMENT AND AUTHORIZATION FOR BACKGROUND CHECK” must be signed and dated separately. Also, there is now a separate Disclosure form for Employment, Education, and Reference verifications called “DISCLOSURE REGARDING “INVESTIGATIVE CONSUMER REPORT” BACKGROUND INVESTIGATION” that must be signed and dated separately.

3) All clients doing business in CA, NY, VT must provide the Notice Regarding Credit Checks to each applicant/employee before processing a background check. Please check with your legal counsel if you are unsure.

4) New York City Only: Before ordering a background check that does NOT include criminal history or motor vehicle records (which must be obtained post-offer), the person should receive the following:

a) FCRA NYC Only Pre Offer Disclosure for Consumer Report. The employer will need to pick the one that refers to credit if they are subject to a credit check - otherwise provide them the non-credit version.

The employer can order the non-criminal and non-MVR components (e.g., education, credit, employment, etc.) and once those clear, it can make an offer that is conditioned solely on consideration of criminal history. Once the employer makes that offer and is ready to order criminal history and motor vehicle records, the employer must provide the person with:

b) FCRA NYC Only Post Offer Disclosure for Consumer Report

5) *Ban the Box: Currently over 37 states have adopted statewide polices, AZ, CA, CO, CT, DE, GA, HI, IL, IN, KS, KY, LA, ME, MD, MA ,MI, MN, MO, NE, NV, NH, NJ, NM, NY,NC, ND, OH, OK, OR, PA, RI, TN, UT, VT, VA, WA and WI, and over 150 cities and counties have adopted “Ban the Box” policies. 15 states, the District of Columbia, and 22 cities and counties now extend their fair-chance policies to private employment. Fifteen states have mandated the removal of conviction history questions from job applications for private employers—California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.

Twenty-two of those localities also extend their local fair-chance hiring laws to the private employers within their jurisdictions—Austin, Baltimore, Buffalo, Chicago, Columbia (MO), DeSoto (TX), the District of Columbia, Kansas City (MO), Los Angeles, Montgomery County (MD), New York City, Philadelphia, Portland (OR), Prince George’s County (MD), Rochester, San Francisco, Seattle, Spokane (WA), St. Louis, Suffolk County (NY), Waterloo (IA), and Westchester County (NY).

You might assume that compliance with these laws is simple: remove the criminal question from the application and the rest is business as usual. Most ban-the-box laws include many other requirements that employers must follow if they request and consider an applicant’s criminal history for employment purposes.

*For a more comprehensive overview of ban-the-box laws, please confer with counsel experienced in this evolving area of the law.

5) Lastly, please give your applicants a copy of the “Summary of Your Rights Under the FCRA” before you process a background check on them to be in compliance with the FCRA. Also, WA & NJ have their own separate “Summary of Rights” forms that need to be given out as well if you do work in either of those states.

If you have any questions, please feel free to contact us at (800) 630-2880 Ext. 3.