| Calirification of AB1068 - Civil Code Section 1786.53 |
1. Investigative Consumer Report ( An investigative Consumer report is an employment background report. Any time a company like Unisource Screening puts together and resale's employment reports, they are in fact an Investigative Consumer Report.)
2. Consumer Credit Report ( A consumer credit report is a CREDIT REPORT) This is information compiled by one of the three major credit bureau and utilized for various legitimate business purposes, one of which may include employment hiring decisions.
3. Public Records (Example: Obtaining Criminal Records from the Courts.)
4. Public Records Waiver (For employment purposes, when a company does their own Public Research, or obtains criminal records themselves from the courts, the company must follow the same rules as an Consumer Reporting Agency, thus a waiver applies.
5. California Investigative Consumer Report Release ( This is the waiver used at the time the applicant is filling out their application. It must be sole and separate from the application. Additionally, it must now have a check box allowing the applicant to request a copy of their report, but it is not required that the applicant be sent a report, unless they request one. Form example; would you like a copy of your Background, YES or NO.
6. References ( The new law clarifies that Under Civil Code section 1786.53, in-house reference checks obtained by employers DO NOT have to be turned over to the applicants. Under AB1068, an employer would have to turn over any PUBLIC RECORDS, such as criminal convictions that it found on IT'S OWN, however not reference checks. |