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#1771803 - 01/02/13 11:11 PM employment application adverse action
mmumm Offline
100 Club
Joined: Jul 2008
Posts: 163
Santa Cruz, California
I am reading that the new AB 2343 requires that: "Whenever state or federal summary criminal history information is furnished by the DOJ as the result of an application by an authorized organization, and the information is to be used for employment purposes, the organization shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for adverse employment. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant."

Our current authorization form has a check-box for the applicant to mark if they would like to receive a copy of their credit/background reports. I assume this check-box will no longer be valid in instances where we deny them employment based on the info in those reports, as we'll need to furnish this info to them regardless of whether they checked the box?

Also, does anyone have any thoughts on what an appropriate timeframe is when they say "expeditiously"?

Thank You!

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#1771831 - 01/03/13 12:54 PM Re: employment application adverse action mmumm
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
"check-box for the applicant to mark if they would like to receive a copy of their credit/background reports"

I can't answer your specific question, but the FCRA requires you to deliver a copy of any credit report to the employment applicant prior to taking any adverse action. It is not an option. This statement would indicate you may have some violations on your hands.
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#1775462 - 01/11/13 06:42 PM Re: employment application adverse action mmumm
mmumm Offline
100 Club
Joined: Jul 2008
Posts: 163
Santa Cruz, California
Thank rlcarey, i'll look into that. As for "expeditiously" providing the info to the applicant per AB 2343, does anyone have any insight as to what constitutes "expeditiously"? Would 3 biz days be a safe bet?

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