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California Law Update on Screening for Sex Offenders

Yes, you can!

A California appeals court ruled that, under the First Amendment, an employment-screening service could access the state’s database of registered sex offenders (Megan’s Law List) and pass that information on to its clients. The law establishing the website prohibits the use of the posted information for purposes related to employment.

New Oregon Law on Credit Checks

It’s official!

As several states have before, on March 29, 2010, Oregon Governor Kulongoski signed legislation (SB1045) that specifically prohibits employers from using credit history inmaking hiring, discharge, promotion, and compensation decisions unless the applicant or employee is given advanced written notice and the credit history is substantially related to the position sought. The legislation provides additional exceptions for financial institutions and public safety offices.

Employers, make sure you can explain that there is the credit report is substantially related to the job, before requesting the report.

Credit Check update

Remember the last blog about Credit Checks and the government looking towards restricting them for pre-employment screening? Well,  Oregon and 15 other states have proposed bills to ban credit checks on most job applicants, unless the check is “substantially related”  to job duties, according to the National Conference of State Legislatures. Hawaii and Washington already have such bans in place.
In fact, the Oregon bill has passed, but has not yet been signed into law by the Governor, although it likely will be. The bill would exempt banks, credit unions and law employment agencies. It would also exempt employers if the credit information is relevant to … Continue Reading

Employment Screening by iPhone App?

 In the January 20th PC World, and iPhone app was announced that provides background screening for individuals and employers. Employers doing background checks by iPhone?

The iPhone background check app is provided by a CRA (consumer reporting agency) which means that the process is regulated by the Fair Credit Reporting Agency.

According to the FCRA:

 

If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:

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