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Background checks — HFD

Most employers understand that it is very important to hire the right employees. To make good hiring decisions, many employers consider information about the applicant that comes from various sources. This pre-employment due diligence helps companies make informed choices, and it also helps them limit their possible exposure for negligent hiring claims. Liability can arise in this context where an employer hires an applicant without conducting a reasonable background investigation. Many services are available that can help employers conduct background investigations, but employers must account for laws such as the federal Fair Credit Reporting Act (FCRA), which regulates certain types of investigations and/or requires employers to make disclosures about such investigations.

  • Credit checks - As mentioned, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New York, Oregon, Vermont, Washington State and Washington D.C., limit employers’ use of credit history as part of a pre-employment background check. Further, any such inquiry must also comply with the requirements of the FCRA.
  • Criminal history checks - Inquiries about an applicant’s criminal history may be justified when the individual will be working with weapons, will have access to people’s homes or private lives, or will hold a position requiring trust and...


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