How to Find Out Someone's Work History in North DakotaAny new business owner has to focus on hiring employees to facilitate a smooth business environment. While hiring these employees, the employer’s interests might lie in conducting a background check to mitigate the chances of any surprises popping up in the future. Such checks can be used to evaluate an applicant or to gauge his/her suitability for the job.
However, several state and federal laws in the US are in place to ensure that the information obtained from such background checks are not misused by the employer and the applicant has abundant rights to protect his/her interests. The same applies to the US state of North Dakota and this article aims to provide you some insight into how you can gain access to someone’s work history, while in North Dakota.
While conducting a background check in the state of North Dakota, the employer needs to make sure that he/she does not violate the state and federal laws on anti-discrimination and on the use of information obtained after conducting a credit check, while making the hiring decision.
The Fair Credit Reporting Act needs to be adhered by during the use of information on an applicant’s credit history while making the hiring decision, as well as, laws on anti-discrimination that prohibits denying a job based on caste, color, race, sex, religion, origin, nationality and disability. Taking the help of a knowledgeable attorney and developing proper hiring procedures is the right approach to ensure that none of these laws is violated while conducting background checks on prospective employees in North Dakota.
Steps to take while conducting a background check in North Dakota
In the state of North Dakota, while conducting a background check, it is pertinent that the applicant is provided due notification regarding the request of such a check and the applicant must also provide his/her consent for the same. The applicant must also be informed properly that the information obtained will be used to make the decision of hiring him/her for the job at hand.
Blanket exclusions are also strictly prohibited under the laws relating to background checks in North Dakota, whereby the employer makes a biased or prejudiced judgment to deny an applicant of the job role, because of his/her criminal history or because of some court ruling that happened against him/her. It needs to be assessed whether the aforementioned information anyhow affects the job or responsibilities of the job and only if it does can the applicant be denied employment.
The applicant must also be given the chance of explaining his/her side of the story before the employer takes the final decision. Additionally, the applicant should also be given access to all the information that has been obtained after the commencement of the background check.
In case the reason for denial is the credit history of the applicant, additional requirements of disclosure must be adhered to, whereby the employer informs the applicant regarding the information that resulted in such a decision to be taken and the source from which the employer has received the information. The information, which the applicant has, a right to receive in case credit history is the reason for his/her dismissal from the hiring process includes:
- The credit report's copy
- Information on the rights the applicant enjoys under the Fair Credit Reporting Act
- Contact information and relevant details regarding the agency that furnished the said credit report
- A written notice stating that the agency hired to furnish the credit report did not influence the hiring decision
- A written notice stating the applicant’s right of contesting the accuracy and legitimacy of the report and requesting additional information from the agency within 60 days.