The Investigative Consumer Reporting Agencies Act is the governing state law in California.
Section 1786.12 includes the federal FCRA's requirements related to disclosure and authorization by the consumer. This law considers all employment-related background investigations "investigative consumer reports," even those that would seem just be plain old consumer reports under the Fair Credit Reporting Act. The disclosure document used by the employer must make reference to investigative consumer reports.
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An article in The Dallas Morning News recently exposed the weaknesses in the Dallas ISD's background check process, identifying a number of individuals with significant criminal histories working for the school district.
According to the News, DISD has been using a criminal database product to check the criminal histories of potential and current employees. Not surprisingly, their mediocre efforts missed the criminal history of an employee recently indicted for sexually assualting two teenage students and the records of a number of other employees with problematic criminal records.
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