We fingerprint employees and run a background check if they are going to be working with or near children. (We do it for current employees if they are transferring to such a job.) Are we required to provide these applicants/employees with the results of their fingerprint background checks?
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“That’s a great question. Background checks, including fingerprint checks, for private employers are for the most part a cut-and-dried issue. The Fair Credit Reporting Act says that if a candidate or employee asks for information regarding his or her background report, you need to turn it over. Go back to your files, before the fingerprints were done, to see what sort of disclosure you made about background checks. Did you disclose that the fingerprints would be done or not? If so, did the employee request any kind of report or copy? If the person did make such a request, then yes, you do need to turn the report over. In general, with respect to background checks in California, if applicants or employees tell you that they want information that’s contained on them, because they are consumers-your applicants and employees are ‘consumers’ in the eyes of California and federal law-any information on these reports should be turned over to them if they ask for it. That’s the key there.”
— Jared Callahan
Jared Callahan is the director of sales and marketing at Employment Screening Resources (ESR) in Novato.