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Answer 4. The
FCRA requirements related to "employment purposes"
apply not only to pre-employment screening but also employees.
End users should also be sure to understand the potential
limitations of evergreen releases in some states (i.e.,
CA).
A
client has decided to conduct infinity screening periodically
on employees in high risk or sensitive positions through
its background screening provider. Since the background
checks will be conducted on current employees which of the
following apply:
1-
FCRA rules do not apply for background checks on current
employees.
2-
The Department of Labor prohibits background checks on current
employees.
3-
Employers must still get permission from employees to conduct
the background check, however, the adverse action requirements
do not apply.
4-
All FCRA requirements for CRA apply for conducting the background
checks on current employees.
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