Overview of the California Background Check Law

The united confederation of the United Stated of America agrees to abide by a single Constitution that will determine what they will uphold as a confederation, a country, and one nation. However, apart from the primary and supreme Constitution of the USA, states being part of the confederation are also to have their own secondary constitution or the state constitution which will determine how will they will be able to run the states in view and with respect to other states and in accordance with the Supreme Constitution of the federation. Now having this being implemented in all states of the USA, every state has their own constitution with particularity in social issues and aspects of governance such as Education, Peace and Order, Domestic Policies, State Security, Employment, and many more. In California alone, there is a particular state constitution whereby all laws and regulations of the states adhere to. One example here is the civil code of the state and the employment law.

Californian employment law embodies several branches, disciplines, and issues and one of those is the conducting of employment background check to applicants or employees. Background checking has been a hot issue in the country because of the alleged infringement on the part of government records or on personal private records. However, there had been disputes that government records unless it has nothing to do with the national security and same confidential records are public and is free of distribution or archiving of any person for any purpose other than using the same records for criminal acts. But because background checks is being pointed out by other civil society groups to be more of privacy invasion, many States including California act upon the underlying factors affecting the said employment issue.

In 2001, the employment law in California pertaining to background check specifically was renewed or amended. The law has been made stricter and concise in order to avoid any form of abuse or privacy invasion on the part of the employee or applicant being checked. This law abides by the FCRA or the Fair Credit Reporting Act but has wider scope in terms of the implementation of the said employment process. Though in California it is a mandate and right of the employer to check on the backgrounds of the employees or the prospect employees, the former is bound by laws that prohibits him to use the records in any way that may result to discrimination.

There is a particular general process being used and followed in California before one through an independent investigator known in the place as ICR or Investigative Consumer Report agencies. In California, an employer can conduct a personal background check but only on the purpose of personally acquiring it for personal viewing and use. However, if the employer intends to use it and attached the report to the employment record, the report must be done by an ICRA. The process then begins with the employer sending a notice to the employee or applicant of the intention of conducting background check and its specific purpose. The employer also discloses to the applicant the name, address, and other pertinent information of the ICR Agency. The rights of the applicant is also disclosed as a reminder of the limits of the report and employee/ applicant is given chance to be given a copy of the report.

The laws in California are not that strict especially when it comes to employment. But the government makes sure that the rights of every citizen, employee, employer, and applicant is being addressed fairly.

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