This new law went into effect on May 12, 2009. Specifically, the law states that employers may not request information related to an applicant's social security number, date or birth or driver license number until either:
1) the applicant is offered a job; or
2) the time when the employer obtains a criminal background check, credit check, or driving record check to which the applicant has consented.
Employers subject to this law may also not use information about an applicant for any other purpose than to determine whether the employer will hire the applicant as an employee. The law additionally places requirements for employers to maintain a policy regarding the retention, disposition, access, and confidentiality of this information. Finally, employers may only keep such information about applicants about whom they do not hire for a period of two years after obtaining the information from the applicant.
The aforementioned information was provided by Pamela Quigley Devata of Seyfarth Shaw, LLP. Please note that the following information is not legal advice nor legal guidance and should not be construed as such. Prior to making any policy changes, please contact your legal counsel.
