Employment Screening: CORI and Private Background Checks. Presented by the Massachusetts Law Reform Institute 99 Chauncy St., Suite 500, Boston, MA 02111 617-357-0700 www.mlri.org. The Fair Credit Reporting Act. Fair Credit Reporting Act (FCRA), 15 U.S.C. § § 1681 et seq.
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Presented by the
Massachusetts Law Reform Institute
99 Chauncy St., Suite 500, Boston, MA 02111
Contains criminal charges filed in Mass. Courts
Employer must apply to the CHSB to be certified to receive CORI
One or more states, and can be nationwide
Available from private companies such as ChoicePoint, Equifax, Experian, etc. (credit reporting agencies)
In addition to criminal charges, may include arrests that did not lead to any charges, traffic violations, financial information, and other information
The employer (or “user”) who buys the report must use it for legal or permissible purposesCORI Report . . . or Consumer Report?
Any entity which:
15 U.S.C. §1681a(f)
Experian 1-888-EXPERIAN (397-3742)
Another big CRA and provider of employment reports:
Governing statute at M.G.L. c. 6, §§168 et seq.
State statutes and regulations set limits on access to CORI and give the CORI subject some legal protections (e.g., due process rights, law prohibiting unlawful disclosure)
Regulated by federal law, mainly the FCRA
Some state laws may also apply (in Massachusetts, some sections of M.G.L. c. 93), but most are pre-empted by federal lawCHSB . . . or CRA?
If taking adverse action based on the report, the employer or other user must:
Employers must certify that:
If a report is being created for employment screening purposes, and public record information included in the report is likely to harm the applicant’s prospects of being hired, then the consumer reporting agency must do either of the following: