With increasing regularity, states and localities have passed laws that limit the ability of private employers to inquire into or otherwise consider the criminal or credit histories of their prospective and current employees. At the federal level, the Equal Employment Opportunity Commission (EEOC) has continued to pursue litigation against a number of companies on the
The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background checks on applicants and employees. The statute specifically contains a provision that bars state law claims against employers who “furnish information” to CRAs. In
Businesses have a strong interest in protecting their employees and customers from criminals. Moreover, a number of federal and state laws require employers to run criminal background checks on job applicants and, in some cases, to disqualify them based on a past arrest or conviction.
To see the full article in the Wall Street Journal,
Employers should be aware of the following developments across the country before running a criminal background check: