November 30, 2007, Newsletter Issue #116: Rules on PreEmployment Screening

Tip of the Week

The law restricts a credit reporting agency from including a credit report that contains a consumerīs medical information for employment without first obtaining the consumerīs consent. By law, a prospective employer must have a consumerīs written permission before getting a copy of their credit report. A credit reporting agency that includes a preemployment screening report for purposes that contains items of information that are matters of public record and are likely to have an adverse effect upon a consumerīs ability to obtain employment must:

* At the time such information is reported to a prospective employer, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported;

* Maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported, it is complete and up-to-date. Items relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments are considered up-to-date if the current public record status of the item at the time of the report is reported.

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