Legal Aspects of Employment Screening Do the California employment screening statutes apply only to reports covering current California residents?
The federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., (“FCRA”) governs the acquisition and use of most background information on applicants and employees when used for employment purposes. “Employment purposes” are defined in the FCRA to include hiring, termination, reassignment, or promotion of an applicant or employee. In addition to the requirements of the FCRA, California has two statutes that impact on the employment screening process: the California Consumer Credit Reporting Agencies Act (“CCRAA”), Cal. Civ. Code 1875.1 et seq., and the California Investigative Consumer Credit Reporting Agencies Act (“ICRAA”), Cal. Civ. Code 1786 et seq. The ICRAA does not explicitly identify the scope of its coverage. We have found nothing in that statute, however, which suggests that the notices and disclosures it requires were intended to apply to consumers other than those with a California mailing address. The CCRAA, which comprises the Title of the California Civil Code immediately
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