Idaho Employment Background Check Services
Recent ruling concerning release forms by ninth circuit.
Single combined state and Federal release forms no longer adequate.
Employers conducting background checks in Alaska, Arizona, Idaho, Montana Nevada, Oregon and Washington State should be aware of this ruling and take steps to comply with this ruling.
In Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (Ninth Cir. Jan. 29, 2019), the Ninth Circuit held a single form combining nearly identical federal and state disclosures violates both federal and state laws.
Employers who conduct pre-employment background checks must now provide applicants with two separate standalone forms: (1) disclosure and consent under Fair Credit Reporting Act; and (2) disclosure and consent under California’s Investigative Consumer Reporting Agencies Act (or other applicable state law).
CLEAR AND CONSPICUOUS LANGUAGE
By including release/authorization language related to the required state form, or any other required disclosure or release, the court also ruled that the combination form violated the FCRA because it contained “extraneous information and was as likely to confuse as it was to inform.”
The court also found that the CheckSmart Financial LLC, release form also contained language that a reasonable person would not understand.
Specifically, the court cited this sentence: “The scope of this notice and authorization is all-encompassing; however, allowing CheckSmart Financial, LLC to obtain from any outside organization all manner of consumer reports and investigative consumer reports now and, if you are hired, throughout the course of your employment to the extent permitted by law.”
First, the court found that this sentence did not explain how the notice was all-encompassing.
Moreover, it did not disclose the impact that authorization would have on a prospective employee’s rights.
In addition, the court cited the portion of the sentence after the semicolon.
It found that it was incomplete, lacked a subject and that the drafting may have caused confusion as to the possible limits of the authorization.
What should employers do?
1. Obviously, Avoid Combining Any Other Release Or Disclosure Forms
2. Use Standalone Easy To Read and Understand Documents Only
3. Use Large Font, at least 12 point
4. Separate Subjects In The disclosure Language With Bold Title Headers
5. Use Plain Language And Avoid Legal Terminology
All employment background Check services including pre-employment drug screening and employment criminal record background checks are available in Idaho.
Employers may not obtain or use any record of an arrest without disposition after one year from the date of the arrest without written consent from the applicant or employee. Idaho
Code § 67-3008.
No statutes has been located that restrict an employers ability to obtain and/or use conviction records,
however these should not be an absolute bar to employment unless the number, nature, and recentness make the candidate unsuitable. Idaho Human Rights Commission Pre-Employment Inquires Guide.
Our criminal records Smart Search Plus® has become the industry standard for a quality criminal records background check.
It includes an unlimited check of the Federal criminal records repositories in the states where the applicant has lived for the past 7 years.
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Idaho Dept of Corrections
Corrections records of statewide records of persons convicted of felonies and sentenced to serve time in a state facility, probation, or parole or suspended sentence since 1995. Records on approximately 60,000 persons. Records updated twice annually.
Results may include defendant name, DOB, race, sex, sentence date, offense description, case #, court jurisdiction, sentence. Records update twice annually.
Idaho Sex Offender
Registry contains information on over 3,000 individuals, dating back to July 1, 1993. Data may contain name, DOB, address, offense, conviction place, and conviction date.
Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.
We provide several short videos to easily acquaint you with the system.
This makes the background check process fast and easy.
Please Click or call for more information.
A price list will be promptly e-mailed to you.
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None of the information contained in this web site should be construed as legal advice. All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.