Volume 10, Edition 6, June2014

This Month’s Challenge is sponsored by:



Answer: (D) Under 15 U.S.C. sec. 1681c(b)(3) the seven year limitation on reportig dismissed charges is not applicable to individuals whose annual salary equals, or which may reasonably be expected to equal $75,000 or more. Notably, if you request salary information from the employer, your request should not indicate that the applicant has an arrest record that is older and that is the reason for your follow up inquiry to the employer. See Serrao v. Sterling Testing Systems, Inc., 557 F. Supp. 2d 88 (May 30, 2008).

ABC Co. requests a report on an employee it intends to promote to a management position. When you receive the report there is a robbery charge that is eight years old. Should you include this on the report to ABC?

A. No.

B. Yes.

C. It depends on the position she is being considered for.

D. It depends on the salary she will receive in the position she is considered for.


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