• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

What are the New York state laws affecting background investigations of applicants?

by on
in Employment Background Check,Human Resources

Q. We are considering using an investigative agency to verify applicants’ prior employment, education and possible criminal background. Are there any New York laws that are applicable?

Yes. There is a state statute very similar to the Federal Fair Credit Reporting Act. Like the federal law, New York’s law (N.Y. Gen. Bus. Law §380-b) requires the applicant be notified of the intent to obtain a consumer report for employment purposes and authorize the background check in advance and in writing.

That written authorization, per the regulations, must be on a document separate from the application. Presumably, this is to ensure that the applicant gives it some special consideration.

Also, if the applicant is going to be rejected, he or she needs to be sent a pre-adverse action disclosure before rejection occurs. Once the application is formally rejected, a notice of adverse action must also be given.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/9147/what-are-the-new-york-state-laws-affecting-background-investigations-of-applicants "

Leave a Comment