Almost everyone has heard the terms DWI and DUI, and many think that both are interchangeable. New York law uses a third term – DWAI. None of these terms are interchangeable, and New York law does not use the term DUI or driving under the influence. In New York, there …
Read More »District of Columbia: Limitations on Reporting Negative Information in Background Checks Used for Employment Purposes
Although several states have laws analogous to the federal Fair Credit Reporting Act (FCRA), the District of Columbia does not. As a rule, the District of Columbia follows the federal FCRA regarding the limitations on reporting negative information in background check reports used for employment purposes. However, there are three …
Read More »How to consider sex offender registry records in California (Updated)
For California employers concerned about hiring sex offenders, there are a few important points to keep in mind. An employer has a duty to keep the workplace free of sexual harassment and other forms of discrimination under state law. Under the California Fair Employment and Housing Act (FEHA), an employer …
Read More »Consent for International Searches
A basic principle of conducting international searches on an individual is that you need a lawful basis for processing personal data. This principle applies to both employment-purpose and commercial background checks. Although the number and type of lawful bases vary from one country to another (especially with the enactment of …
Read More »Reporting Employment-related Civil Lawsuits
For employment-purpose reports, the federal Fair Credit Reporting Act (FCRA) and its state law counterparts are the laws that most often deal with when determining whether certain information is or isn’t reportable. However, federal laws prohibiting workplace discrimination can also limit what information can be included in these reports. This …
Read More »