Laws
The following federal laws identify rules and
guidelines concerning background investigations,
hiring procedures, employment application questions
and forms. We have provided links to the full
texts
of these federal acts for your review.
We can provide additional insight on the importance
of these guidelines to your company. National
Research guarantees its strict adherence to these
guidelines in providing our background screening
services to your company.
Age Discrimination in Employment Act of 1967
The purpose of this act is to promote employment
of persons based on their ability rather than
age and to prohibit arbitrary age discrimination
in employment.
Age Discrimination in Employment Act of 1967
Age Discrimination Act of 1975
It is the purpose of this act to prohibit
discrimination on the basis of age in programs
or activities receiving Federal financial assistance.
Age Discrimination Act of 1975
Americans with Disabilities Act
The purpose of this act is to provide clear,
consistent and enforceable standards geared towards
the elimination of discrimination against individuals
with disabilities based on assumptions not indicative
of individual ability; to assure equality of opportunity,
independent living and economic self-sufficiency.
Americans
with Disabilities Act
California Investigative Consumer Reporting
Agencies Act (ICRA)
(Civil Code Section 1786, AB 655 and AB 1068)
This law was enacted by the California Legislature
in an effort to combat the crime of identity
theft, which has been increasing dramatically
in this state. California employers must follow
this law concerning the use of consumer reporting
agency information used for pre-employment screening.
The expansion of disclosure requirements and
the limit of criminal record searches to seven
(7) years, unless there is an exception for
employers required by governmental law to search
back further. This law was amended due to unintentional
burdens placed on employers.
http://www.privacyprotection.ca.gov/code/icraa.htm
http://www.leginfo.ca.gov/
California
Assembly Bill 1068 ( pdf
document)
Civil Rights Act of 1964 (Title VII)/ Civil
Rights Act of 1991
The original act prohibits employment discrimination
based on race, color, religion, sex and national
origin and established the Equal Employment Opportunity
Commission. The amended act provides for appropriate
remedies for intentional discrimination and unlawful
harassment in the workplace.
Civil
Rights Act of 1964
Civil Rights
Act of 1991
Driver's Privacy Protection Act (DPPA)
This federal law was enacted to ensure that all
consumer reporting agencies and users of consumers
driver history records are in compliance with
the permissible purposes set forth in this act
with respect to the use and dissemination of this
information.
Driver's
Privacy Protection Act
Fair Credit Reporting Act (FCRA)
This act requires consumer reporting agencies
and all users of information obtained from these
agencies to adopt procedures which are fair and
equitable to the consumer with regard to notification,
confidentiality, accuracy, relevancy, proper utilization
and disclosure, and establishes recourse procedures
for consumers, if denied employment in violation
of this federal statute.
The FCRA has been amended to include safeguards
to prevent identity theft and remedies to assist
victims
of this
crime.
Fair
Credit Reporting Act ( pdf
document, 86 pages)
Remedying
Effects of Identity Theft ( pdf
document, 2 pages)
Negligent Hiring Doctrine
An action for negligent hiring, retention or
supervision may be advanced, and liability on
the employer imposed, if it can be shown that
the employer knew, or should have known through
the course of a reasonable investigation at the
time of hiring, that the employee posed a threat
of injury to others.
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