Volume 6, Edition 5. May 2010

This Month’s Challenge is sponsored by:



Answer: D. Generally speaking, written permission from an applicant or employee is good through the length of the employment relationship as long as the consent for specifically specifies the length of the consent (i.e, throughout a person's employment). Employers should be cautious, however, in California, because the statute could be construed to require separate consent every time a background check is run, unless it falls into the workplace investigations exception. Under federal law and some state laws (including CA), a company does not need written consent for a background check when investigating a current employee for a violation of company policy or potential violation of the law. This exception, however, does not allow an employer to get credit history.

Once a company has received written permission from a job applicant to conduct a background check, the same authorization may also be used to conduct future background check on the person once they are an employee:

A- for consideration in promoting the person to a sensitive job

B- for conducting an investigation for alleged violation of company's employee conduct policy

C- for a challenging termination in which it is believed that the employee may become violent

D- for any permissible reason that complies with the FCRA

E- for none of the above

F- for only A, B, C


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