Not too long ago, government contractors in states and cities across the country faced few obstacles when performing or requesting a criminal background check on a job applicant. Generally speaking, they could ask questions about an applicant’s criminal history, and take such history into account in making a hiring decision, without having to weave through a web of legal restrictions.
And when having a third-party vendor conduct a criminal background check on their behalf, they by and large needed only take the extra step of complying with the federal Fair Credit Reporting Act and similar state laws. The laws require a company to obtain authorization from the applicant in advance of the background check and, when taking an adverse action based on the results, to provide the applicant with sufficient notice and an opportunity to respond.
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