Laws and Resources

The following federal laws identify rules and guidelines concerning background investigations, hiring procedures, employment application questions and forms. We have provided links to the full texts of these federal acts for your review. We can provide additional insight on the importance of these guidelines to your company. National Research guarantees its strict adherence to these guidelines in providing our background screening services to your company.

Age Discrimination in Employment Act of 1967

The purpose of this act is to promote employment of persons based on their ability rather than age and to prohibit arbitrary age discrimination in employment.

Age Discrimination Act of 1975

It is the purpose of this act to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance.

Americans with Disabilities Act

The purpose of this act is to provide clear, consistent and enforceable standards geared towards the elimination of discrimination against individuals with disabilities based on assumptions not indicative of individual ability; to assure equality of opportunity, independent living and economic self-sufficiency.

California Investigative Consumer Reporting Agencies Act (ICRA) / (Civil Code Section 1786, AB 655 and AB 1068)

This law was enacted by the California Legislature in an effort to combat the crime of identity theft, which has been increasing dramatically in this state. California employers must follow this law concerning the use of consumer reporting agency information used for pre-employment screening. The expansion of disclosure requirements and the limit of criminal record searches to seven (7) years, unless there is an exception for employers required by governmental law to search back further. This law was amended due to unintentional burdens placed on employers.

Civil Rights Act of 1964 (Title VII) / Civil Rights Act of 1991

The original act prohibits employment discrimination based on race, color, religion, sex and national origin and established the Equal Employment Opportunity Commission. The amended act provides for appropriate remedies for intentional discrimination and unlawful harassment in the workplace.

Driver’s Privacy Protection Act (DPPA)

This federal law was enacted to ensure that all consumer reporting agencies and users of consumers driver history records are in compliance with the permissible purposes set forth in this act with respect to the use and dissemination of this information.

Fair Credit Reporting Act (FCRA)

This act requires consumer reporting agencies and all users of information obtained from these agencies to adopt procedures which are fair and equitable to the consumer with regard to notification, confidentiality, accuracy, relevancy, proper utilization and disclosure, and establishes recourse procedures for consumers, if denied employment in violation of this federal statute. The FCRA has been amended to include safeguards to prevent identity theft and remedies to assist victims of this crime.

Negligent Hiring Doctrine

An action for negligent hiring, retention or supervision may be advanced, and liability on the employer imposed, if it can be shown that the employer knew, or should have known through the course of a reasonable investigation at the time of hiring, that the employee posed a threat of injury to others.

Resources

The following federal government agencies are responsible for the establishment, monitoring and enforcement of laws related to employment and the listed associations provide information on hiring practices and employment-related investigations. You may also contact individual state legislatures for more information on laws pertaining to employment practices in your state.

Department of Labor

Equal Employment Opportunity Commission

Office for Civil Rights

Federal Trade Commission

Department of Transportation

  • http://www.dot.gov/