Privacy Issues in the Workplace

 “Whenever…employment…is denied…under circumstances in which a report regarding the consumer was obtained from an investigative consumer reporting agency, the user of the investigative consumer report shall so advise the consumer against whom the adverse action has been taken and supply the name and address of the investigative consumer reporting agency making the report.” 77  After reviewing the report, if the consumer believes that the report is incomplete or inaccurate, the consumer may dispute the completeness or accuracy of “any item of information contained in his or her file.” 78  The Act establishes procedures for reinvestigation of the disputed matters and notice to the individual(s) who provided the information that the information is being disputed. 79 ii. Restrictions on Information in the Report Similar to the FCRA, the Act imposes strict limitations on the types of information which may be included in a report that is prepared by an ICRA. The following types of information may not be included in a report:  Suits that, from the date of filing, and satisfied judgments that, from the date of entry, pre- date the report by more than seven years.  Unsatisfied judgments that, from the date of entry, pre-date the report by more than seven years.  Unlawful detainer actions where the defendant was the prevailing party or where the action was resolved by settlement agreement.  Accounts placed for collection or charged to profit and loss that pre-date the report by more than seven years.  Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, pre-dates the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.  Bankruptcies that, from the date of adjudication, pre-date the report by more than 10 years.  Paid tax liens that, from the date of payment, pre-date the report by more than seven years.

 Any other adverse information that pre-dates the report by more than seven years. 80

Note that the above regulations do not apply if the report is to be used by an employer who is explicitly required by a governmental regulatory agency to check for such records. However, this provision is questionable given that no parallel provision exists in the FCRA, and federal law preempts state law.

Privacy Issues in the Workplace ©2021 (s) Liebert Cassidy Whitmore 26