south carolina background check laws

Not all background checks are created equal. In addition, if the report will be an investigative consumer report (instead of just pulling credit or criminal background information from reporting sources), the notice should make clear that an investigative consumer report may include information on the applicant’s/employee’s character, general reputation, personal characteristics, and mode of living. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information. Medical questions also should not be asked of current employees unless there is evidence the employee is unable to do the job or may pose a safety risk because of a medical condition. On June 4, 2019, the County Council of Richland County, SC took action to approve a Ban the Box rule. Many states do have different background check requirements when employees will be working with children or seniors. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different. Firm Recognized as First Tier in Employment Law, Update on National Labor Relations Board Activity, Department of Labor Issues Expanded Definition of Same-Sex Spouses, Fred Williams to Speak at Human Resources Seminar, Newly-Enacted South Carolina Lactation Support Act Impacts All In-State Employers, U.S. Supreme Court Holds that Title VII Prohibits Discrimination Based on Sexual Orientation and Transgender Status, Websites for Lawyers by JustLegal Marketing. The state of South Carolina does not have any restrictions on what can be reported in a background screening report beyond what the FCRA dictates. hbspt.forms.create({ Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. This notice generally must be in writing and not contained within other documents (for example, it cannot be included on the employment application) – it must be a stand-alone notice. View our Quality Standards. South Carolina Background Checks Resources. Equal Application – Before an employer conducts a background check on a prospective or current employee, the employer should have policies in place to ensure the background checks apply to all similarly situated individuals in a nondiscriminatory manner. Other adverse information can be reported for only 7 years. South Carolina has no statewide fair hiring, second chance, or Ban the Box laws to supplement the FCRA at this time. The EEOC has provided guidance on how employers can use criminal records during the hiring process. Please consult with your own legal counsel for advice related to background checks SC or South Carolina. This exception is often noted in the State Rules Register as the “salary cap” exception. Giving the applicant or employee notice before taking adverse action. The most common types of drug screening tests with pros and cons, why and how to use them, Use our Drug Testing ROI Calculator to find out. Columbia, South Carolina passed an ordinance effective August 6, 2019, 1 limiting employers’ use of criminal background checks and banning employers from inquiring about salary history on job applications. Learn more about the Fair Credit Reporting Act. ... dictates. As new laws pass, GoodHire compiles all of South Carolina's background check laws. Consult with an appropriate professional to address specific issues. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). The following items cannot be reported by a Credit Reporting Agency (CRA) on a consumer report or background check EXCEPT if, for employment, these restrictions do not apply to where the annual salary of the applicant for employment may be expected to meet or exceed $75,000 per year. Cities Include: Charleston, Columbia, North Charleston, Mount Pleasant, Greenville, Rock HIll, Summerville, Goose Creek and more! Purchase Your Own Background Check for $8 or $18. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. South Carolina Background Check Laws​ What are South Carolina’s background check and ban-the-box laws? Asking people of only a certain race, age, religion, etc. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. What information will show up on criminal records searches? Credit checks and driving record checks are only conducted if the employee will be handling money and driving. Apply the same standards to similarly situated applicants/employees regardless of race, sex, color, religion, national origin, disability, genetic information, or age. Senior Home Care Agency Checklist Code Sec. Notice Requirements – The FCRA requires an employer to take certain precautions before compiling background information on employees or prospective employees. However, the checks or reports must be disposed of securely. It has become commonplace for employers to require prospective employees to submit to various forms of background checks prior to making an offer of employment or as a condition of continued employment. An “investigative consumer report” is a report usually based on personal interviews conducted by other employees regarding the applicant’s personal character, reputation, lifestyle, and characteristics. The notice must include a copy of the consumer report the employer relied on to make the decision and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.”. This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with South Carolina state laws. Note that searches by employers in SC of publicly accessible government data on criminal backgrounds that do not involve a third-party to do the search are not subject to the FCRA. Marijuana Madness: Recent Laws And Decisions, Ninth Circuit Provides Strict Interpretation Of FCRA Background Check Disclosures, Civil suits, civil judgments and records of arrest that from the date of entry precede the report by, Bankruptcies can be reported for only 10 years, Tax liens can be reported for only 7 years, Accounts placed for collection can be reported for only 7 years. Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. Choosing a Home Care Agency Checklist As employment law attorneys in SC, we advise employers regarding employee background checks. Ban the Box Law Employers in South Carolina can receive information on convictions, not-guilty findings, notices of decisions not to prosecute, dismissals, and similar information showing any final disposition of an arrest (SC Admin.