The following resources are meant to provide employers with guidance in complying with a variety of legislative and regulatory requirements. ESR does not provide legal services and this information and the resources on this page should not be construed as legal advice or opinion.
The Consumer Financial Protection Bureau (CFPB) is an agency of the United States government responsible for consumer protection in the financial sector. On January 1, 2013, the CFPB took over the administration of notices required by the federal Fair Credit Reporting Act (FCRA) from the Federal Trade Commission (FTC).
- A Summary of Your Rights Under the Fair Credit Reporting Act
- Un resumen de sus derechos en virtud de la Ley de Informe Justo de Crédito (Spanish Version of Summary of FCRA Rights)
- NOTICE TO USERS OF CONSUMER REPORTS: OBLIGATIONS OF USERS UNDER THE FCRA
- NOTICE TO FURNISHERS OF INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE FCRA
- Remedying the Effects of Identity Theft
- Consumer Financial Protection Bureau (CFPB) Website
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. Most employers with at least 15 employees are covered by EEOC laws. On April 25, 2012, the EEOC voted to approve updated Enforcement Guidance for use of criminal records of applicants and employees by employers.
- Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (4/25/2012)
- Title VII of the Civil Rights Act of 1964
- Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
- The Age Discrimination in Employment Act of 1967
- The Civil Rights Act of 1991
- Age Discrimination and Date of Birth per EEOC
- Equal Employment Opportunity Commission (EEOC) Website
The Federal Trade Commission (FTC) works to protect consumers by preventing anti-competitive, deceptive, and unfair business practices. The FTC is the only federal agency with both consumer protection and competition jurisdiction in broad sectors of the economy. The FTC also gives guidance for the FCRA compliance which is available on the ESR Legislative webpage.
- Notice Regarding Background Investigation Pursuant to California Law
- New York Correction Law Article 23-A
- Summary of Rights Under Washington Law
- “California Fair Employment & Housing Council’s (FEHC) Consideration of Criminal History in Employment Decisions” Infographic
- CA FEHC Consideration of Criminal History in Employment Decisions Regulations
Statewide search availability and suitability in hiring decisions varies by state. ESR can provide complete information about states that have a courthouse equivalent solution versus those that are sufficient for supplemental use, those that are unreliable or not available to the public.
The Drivers Privacy Protection Act (DPPA), 18 U.S.C. §2721 et. seq., was originally enacted in 1994 to protect the privacy of personal information assembled by State Department of Motor Vehicles (DMVs). The Drivers Privacy Protection Act safeguards the personal information of licensed drivers from improper use or disclosure. It’s important to note that many states may have imposed restrictions beyond what is required within the federal statute. The DPPA requires state DMV’s to restrict the use of personal information contained in driver records to those uses allowed by the Federal DPPA which defines penalties and civil liability for violations. Complete information can be found on the link below.
A number of U.S. states have passed legislation that restricts the use of credit histories of applicants and employees in hiring decisions.