Montana Background Checks laws & HR compliance analysis

Montana Background Checks: What you need to know

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 obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws. Montana has laws concerning consumer reports, criminal background checks, and driver's record information.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
In addition to the FCRA, employers must comply with the Montana statute regulating the use of consumer reports if they hire a third party to conduct a background check, or obtain reports from outside agencies about individual applicants or employees. The requirements for obtaining consumer reports under the Montana statute are, for the most part, the same as the requirements under the FCRA, although the notice requirements under the FCRA are more stringent. In general, before procuring a consumer report, the employer must get the employee's authorization, in writing, and provide the employee with a clear and conspicuous written disclosure that a consumer report may be obtained for employment ...

Read more about Background Checks