[Publib] Background check and other pre-employment fees

Backwage at aol.com Backwage at aol.com
Wed Jun 21 18:18:03 EDT 2006


I made some inquiries on the subject of pre-employment testing whose cost  is 
borne by the applicant and got the following response from the Privacy Rights 
 Clearinghouse:
 
"The background checking law does not mention who pays for a background  
check. This is neither in the federal Fair Credit Reporting Act nor the  
California Investigative Consumer Reporting Agencies Act. If applicants are  required 
to pay for background checks, fingerprints or any part of the pre-hire  
process, it should be spelled out in the job application or other 
materials.  I don't know that it's required, but it only seems to be fair. I 
suggest you  contact the agency involved and ask about the procedures. If you 
have concerns  about the process, you may want to contact the Department of 
Fair Employment and  Housing. www.dfeh.ca.gov."
 
That is also as much as I found myself, but I am also wondering whether the  
requirement of up-front payment for a service violates any state laws 
forbidding  payment or fees for employment.  That would be under the laws of  the 
particular state, of course.
 
M. McGrorty
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