California employment law is broader in scope than the federal FCRA. It covers third-party employment screeners, as does the FCRA. But it also covers employers who conduct background checks themselves, something the FCRA omits.

California Employment law was amended in 2001 to give job applicants as well as current employees greater rights to see the results of background checks. You also now have a better chance to find out about inaccurate or incomplete information. (CA Civil Code §1786)

Employees and job applicants in California have all the rights of the FCRA and more, but there are differences. Two of the most obvious differences are the meaning of some terms and the notice requirements that starts the employment screening process.

Almost all of the information collected in an employment background check comes from public records.

Examples of non-public record information might include reference checks with past employers and a verification of your education credentials.

You are not entitled to get information an employer receives by checking your references.

If a third party conducts the investigation employment references are also exempted from the report that the individual is entitled to receive. The employer only has to give you a copy of any public records obtained in checking your background. This could include documents that pertain to an arrest (if it results in a conviction), indictment, conviction, civil judicial action, tax lien, or outstanding judgment.

Such records can be obtained if an employer goes directly to the public source or uses an Internet site that collects public records and sells the information.

California Human Resources Information

CA Department of Managed Health Care Bilingual help with all aspects of HMO’s

HR California Online site for HR information from California Chamber of Commerce; many areas require subscription.

California state codes Easy site to use when wanting to access state codes. At the site, click on Labor Code.

The Society for Human Resource Management (SHRM National HR site, rich with educational information; some areas require membership

California and Human Resources Blog

California Employment Screening Law

California CIVIL CODE

SECTION 1786.10-1786.40

For complete California code: Click Here

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1786.10-1786.40

California Reporting  Limitations

1786.18.  (a) Except as authorized under subdivision (b), an
investigative consumer reporting agency may not make or furnish any
investigative consumer report containing any of the following items
of information:
   (1) Bankruptcies that, from the date of adjudication, antedate the
report by more than 10 years.
   (2) Suits that, from the date of filing, and satisfied judgments
that, from the date of entry, antedate the report by more than seven
years.
   (3) Unsatisfied judgments that, from the date of entry, antedate
the report by more than seven years.
   (4) Unlawful detainer actions where the defendant was the
prevailing party or where the action is resolved by settlement
agreement.
   (5) Paid tax liens that, from the date of payment, antedate the
report by more than seven years.
   (6) Accounts placed for collection or charged to profit and loss
that antedate the report by more than seven years.
   (7) Records of arrest, indictment, information, misdemeanor
complaint, or conviction of a crime that, from the date of
disposition, release, or parole, antedate the report by more than
seven years.  These items of information shall no longer be reported
if at any time it is learned that, in the case of a conviction, a
full pardon has been granted or, in the case of an arrest,
indictment, information, or misdemeanor complaint, a conviction did
not result; except that records of arrest, indictment, information,
or misdemeanor complaints may be reported pending pronouncement of
judgment on the particular subject matter of those records.
   (8) Any other adverse information that antedates the report by
more than seven years.
 

By statute, California is a "no-arrest" state when it comes to employment screening. According to California Labor code section 432.7:

Consequently, before any consideration of the use of the FBI database by employers, it must be recognized that the decision is not primarily a criminal justice or security issue, but also involves human resources considerations, labor law and civil rights law that historically have been matters of state determination, as well as Federal law such as the EEOC rules and the FCRA

Please note that Federal employment screening law mandates background checks for employees who are engaged in particular industries. The Office of Inspector General of the Department of Health and Human Services maintains a list of individuals who are excluded from participation in any of its federally-funded healthcare programs. Exclusions are due to convictions for program-related fraud and patient abuse, licensing board actions and default on health education assistance loans. Therefore, employers in affected industries should check the OIG Exclusion list before hiring employees who might work in such programs. The FACIS program is also very important when screening medical personnel. Click Here for more information on FACIS.

California drug free workplace employment drug screening
Kathryn Jett
Director
Governor's Policy Council on Drug and Alcohol Abuse
1700 K Street
5th Floor, Executive Office
Sacramento, CA 95814-4037
Tel: 916/ 445-1943
Fax: 916/ 323-5873
Website: www.adp.ca.gov

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