3.22: Use of Background Investigation Results

Background Investigations, Fair Credit Reporting Act Compliance, and Record Retention

     At our program, we are committed to maintaining a safe and trustworthy environment for the children and families we serve. To achieve this, all prospective employees are subject to background investigations as part of the hiring process.

 

Use of Background Investigation Results

       Background investigation results are used solely to assess an individual’s suitability for employment within our center. Decisions will be based on a careful evaluation of the information obtained in relation to the responsibilities of the position for which the individual has applied. A record of any adverse decision made based on background investigation results will include documentation of the rationale, ensuring compliance with applicable laws.

 

Compliance with the Fair Credit Reporting Act (FCRA)

If a background investigation involves the use of consumer reports as defined by the FCRA, the center will comply with all FCRA requirements, including:

1. Disclosure and Authorization: Applicants will receive clear and conspicuous written notice that a consumer report may be obtained, and their written authorization will be required before conducting the investigation.
2. Adverse Action Notice: If an adverse employment decision is based, in whole or in part, on the results of a consumer report, the applicant will receive:
   • A pre-adverse action notice, including a copy of the report and a summary of rights under the FCRA.
   • An opportunity to dispute the accuracy of the report.
   • A final adverse action notice if a decision is finalized.

 

Record Retention

 
     All records related to background investigations, including authorizations, reports, and decision-making documentation, will be securely stored and retained in compliance with federal, state, and local record retention requirements. These records will be kept confidential and accessible only to authorized personnel.

     Our center is committed to conducting all background investigations and employment decisions fairly, consistently, and in compliance with applicable laws. Questions regarding these procedures should be directed to the Center Director or Human Resources.

 

Handling Applicants with Criminal Convictions, Pending Criminal Charges, or Accelerated Rehabilitation

     Our program is committed to complying with California state law, including the Fair Chance Act (Ban the Box) and other applicable regulations, when evaluating applicants with criminal histories. We strive to ensure a fair and equitable hiring process while maintaining the safety and well-being of the children, families, and staff in our care.

1. Fair Chance Act Compliance:
   • The program does not inquire about criminal convictions, pending criminal charges, or participation in accelerated rehabilitation programs on initial job applications.
   • Criminal background checks will only be conducted after a conditional offer of employment has been made.
2. Individualized Assessment:
   • If a background check reveals a criminal conviction, pending charge, or history of accelerated rehabilitation, the center will conduct an individualized assessment to determine whether the information has a direct and adverse relationship to the specific job duties.
   • Factors considered in the assessment include:
     • The nature and gravity of the offense.
     • The time that has passed since the offense or completion of the sentence.
     • The nature of the job sought.
3. Notification and Opportunity to Respond:
   • If a decision is made to deny employment based on criminal history, the applicant will be notified in writing.
   • The notification will include:
     • A copy of the criminal history report.
     • An explanation of the decision and the center’s reasoning.
     • An opportunity for the applicant to respond, including disputing the accuracy of the report or providing evidence of rehabilitation or mitigating circumstances.
   • Applicants will have at least five (5) business days to respond before a final decision is made.
4. Records Subject to California Law Protections:
   • In compliance with California law, the program will not consider:
     • Arrests that did not result in a conviction.
     • Dismissed, expunged, or sealed convictions.
     • Participation in pretrial or post-conviction diversion programs, including accelerated rehabilitation.
5. Confidentiality:
   • Information related to an applicant's criminal history will be kept confidential and will only be accessed by individuals directly involved in the hiring process.

The program is committed to a hiring process that balances fairness, legal compliance, and the safety of all stakeholders. Applicants are encouraged to address any concerns or questions about this process to the Program Director or Human Resources.