Employer Obligations Under
AB 655 / CA Civil Code 1785/1786
Summary of the law:
Since January 1, 2002, according to California state law concerning consumer investigations, all California employers conducting background checks must:
- Notify an employee or applicant in writing, separate from the job application itself, that the employer may be seeking an investigative consumer report.
- Obtain written authorization from the applicant or employee before obtaining the report.
Within three days of ordering the report, inform the applicant or employee that:
- 1. He/she will be the subject of a consumer investigation,
- 2. The name and address of the consumer reporting agency,
- 3. The nature and scope of the investigation,
- 4. Provide a copy of the Summary of Consumer's Rights Under the Law. (The above points are included in the HRA Consent to Release Form)
- Provide the employee or applicant with a copy of the completed report along with the name and address of the investigating agency no later than seven days from the date the employer receives the report.
THIS SUMMARY DOES NOT CONSTITUTE AB 655 OR THE SUBSEQUENT LAWS ENACTED IN THEIR ENTIRETY. PLEASE CONSULT LEGAL COUNSEL FOR EXACT CLARIFICATION OF THE LAWS AND AMENDMENTS AS THEY PERTAIN YOUR COMPANY. THE FULL TEXT OF AB655 CAN BE VIEWED AT www.leginfo.ca.gov.
As a consumer-reporting agency, HRA is obligated by this law to certify in writing that all current and future clients understand and adhere to the requirements of Civil Code 1785/1786. To that end, we have included a Service Agreement between HRA and "User" (employer). Please read and fill in the requested information on the lower portion, sign and return to HRA prior to placing your first order.