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Answer: (c) While the FCRA is silent as to whether an employer can charge an employee the cost of the background check, some states have prohibitions on employers charging employees for the cost of a background check. Examples include: California; Washington, D.C.; Minnesota; and Vermont.

Question: CRA, Inc. has a new client, ABC, Inc., that wants to know if it can charge employee for the costs associated with running a background check. What should you tell ABC?

a. Yes, this cost can always be passed on to the employee.

b. Yes, if the employee agrees to cover the cost prior to running the background check.

c. Your answer will depend on what state law applies.

d. No, the FCRA prohibits costs being passed on to the employee.


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