A recent article from the HR Daily Advisor featured Attorney Lester Rosen, CEO of accredited background screening company Employment Screening Resources (ESR), who advised employers to follow state rules for the federal Fair Credit Reporting Act (FCRA). Rosen notes that many U.S. states have their own laws, some quite detailed, with FCRA implications that regulate the collection, dissemination, and use of information for employment screening background checks. In Massachusetts, for example, Rosen says the final adverse action letter must be in 10-point type minimum, be issued within 10 days, and use specified language. California has what he calls numerous “only in California rules.” There are currently 20 U.S. states with their own FCRA-type rules are. In addition, Rosen says various states have special rules concerning the following: Disclosure forms for consumer, Rules for Investigative Consumer Reports, Nature and Scope letter, Disputed Accuracy procedures, Timing and notice of reports, Notification periods, and 7-year limits on criminal records.
