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

In Washington, employers must adhere to the state’s wage and hour laws when conducting background checks on potential employees. State law requires employers to follow the federal Fair Credit Reporting Act (FCRA) when conducting background checks. This law protects the privacy rights of individuals and ensures employers have reliable and accurate information when making employment decisions. The FCRA requires employers to obtain an applicant’s written authorization before conducting a background check and to notify them if information in the report may be used in an adverse decision. Employers must also give applicants a copy of the report they receive. Employers must also ensure the background check provider they use is a Consumer Reporting Agency (CRA) and is in compliance with the FCRA. The CRA must comply with rules about the accuracy of the information and how long it can keep the information on file. Employers must only use information that is up-to-date and relevant to the job. Finally, employers must adhere to Washington’s laws on what types of background checks they can perform. Washington law allows employers to conduct background checks into an applicant’s criminal, credit, and driving histories, as long as they adhere to the FCRA. There are also additional laws that forbid employers from conducting background checks into certain areas such as an applicant’s military service.

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