
(Read "Identity Theft: The Growing Problem of Wrongful Criminal Records," www.privacyrights.org/ar/wcr.htm.) Recent amendments to California's "investigative consumer reporting" law have closed those loopholes. California law now requires that individuals who are subject to employment screening are able to obtain a copy of the background check whether or not an adverse action has been taken. And applicants have the same rights to notice and consent whether the employer hires an outside company to conduct the investigation or does the background check itself.
And now in California when an individual requests free score Maryland a copy of their report from the consumer reporting agency, the agency must explain their rights in a document written in both English and Spanish. For more on employment background checks and your rights free score Maryland under the FCRA, see the Federal Trade Commission publication, Employment Background Checks and Credit Reports, www.ftc.gov/bcp/edu/pubs/consumer/credit/cre36.shtm 6. FCRA Update: Workplace Investigations and Annual File Disclosures Recent amendments to the FCRA, known free score Maryland as the Fair and Accurate Credit Transactions Act of 2003 or FACTA, set a new standard for what FACTA calls "employee misconduct investigations." In addition, FACTA says job applicants and employees who have undergone free score Maryland an employment background screening covered by the FCRA may receive a free annual file disclosure from the company that performed the background check. free credit report each year What is an "employee misconduct investigation"? This is an investigation free score Maryland conducted by a third-party your employer may hire if the employer suspects you of: Why was this change made to the FCRA? This section was adopted free score Maryland to make it clear that employers do free score Maryland not have to get permission to conduct a misconduct investigation. Prior to this, FTC staff issued an opinion letter, the so-called "Vail Letter," that said the FCRA applies even when an employee is suspected of misconduct and the employer hires an outside investigator. (Note: California law already includes an exception for workplace misconduct investigations. www.privacyrights.org/fs/fs16a-califbck.htm) If my employer suspects me of misconduct, what does this mean for me? It means your employer does not have to give free score Maryland you notice and get your permission to conduct a misconduct investigation. free credit report trial Like other inquiries covered by the FCRA, this only applies if the employer hires an outside party free score Maryland to conduct the investigation. It also means you will not receive a notice free score Maryland of your rights as others who are free score Maryland subject to a standard employment background check free score Maryland normally would.
If, at the end of free score Maryland the investigation, the employer decides to take some action against you, you receive the "adverse action" notice only after the action has been taken. You will receive only a "summary" of the investigation report, but not the more detailed report that may include sources. Who will see the investigation report? The report may be communicated to: Not under the FCRA dispute procedure.
That is because this new section on workplace misconduct investigations was free score Maryland effected by removing this type of investigation free score Maryland from the definition of "consumer report." Thus, the usual protections that apply to a "consumer report" conducted for employment purposes do not apply to workplace misconduct investigations. If you find yourself in this position, you will probably want to seek the advice of an employment law attorney. Another new feature of the FCRA allows consumers to get a free copy of their credit report once a year. Final regulations adopted by the FTC set a geographical "rollout" schedule for free credit reports beginning December 1, 2004. my free credit score The final regulations free score Maryland can be found on the FTC's web site at www.ftc.gov/opa/2004/06/freeannual.htm The schedule for access to free credit reports is also available on the PRC web site: www.privacyrights.org/fs/fs1-surv.htm FACTA also requires a free annual file disclosure for consumer reports prepared by "nationwide specialty consumer reporting agencies." This refers free score Maryland to companies that compile, maintain files, and issue reports on consumers that relate to: For job applicants and employees, this means, starting in January 2005, you may receive a free copy of your "file" maintained by a "nationwide specialty consumer reporting agency" that supplies employers with background checks.
Brak komentarzy:
Prześlij komentarz