There are a number of ways for employers to gather information on the background of an applicant for employment. 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. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. 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. In Arkansas, employers must comply with laws concerning criminal background checks and driver's record information.
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Download Now In considering individuals for professional licenses and certifications, the state of Arkansas prohibits the use or dissemination of records of arrest that were not follow by a valid felony conviction in the courts, convictions that have been annulled, expunged, or pardoned by the governor, and misdemeanor convictions except misdemeanor sex offenses and those involving violence. This rule does not apply to teaching and nursing licenses (AR Stat. Sec. 17-1-103).
Employers should also be aware that the federal Equal Employment Opportunity Commission (EEOC) takes the position that it is a violation of Title VII of the Civil Rights Act to base an employment ...