What are the requirements for conducting background checks on potential employees?

In Maryland, employers must adhere to certain regulations and requirements when conducting background checks on potential employees. Maryland Wage and Hour Law states that employers must provide a written disclosure to the potential employee and get written consent before obtaining a consumer report. A consumer report is any type of investigative consumer report that is used for employment purposes. The written disclosure must include the name and address of the consumer reporting agency that will compile the report, and the potential employee must sign and date the disclosure form. In addition, employers must also comply with the Fair Credit Reporting Act (FCRA). The FCRA requires employers to inform the employee, in writing, that the employer may obtain a consumer report for employment purposes. The notice must also contain information about the employee’s rights under the FCRA. Finally, employers cannot use the information obtained through background checks to discriminate against potential employees based on race, sex, national origin, or other protected characteristics. If an employer finds information during a background check that is not relevant to the job position, the employer must not consider the information when making a hiring decision. Overall, employers must follow certain regulations in order to ensure that background checks are conducted ethically and lawfully. The regulations help protect potential employees from discrimination and ensure that employers are making hiring decisions based on relevant job qualifications.

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