Nevada Background Checks laws & HR compliance analysis

Nevada 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 to obtain reports from outside agencies, such reports are subject to the federal FCRA and state laws. In Nevada, employers must comply with laws concerning consumer reports, criminal background checks, and driver's record information.
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In addition to the FCRA, employers also must comply with the Nevada statute regulating the use of consumer reports in employment (NV Rev. Stat. Sec. 598C.060et seq.).
Employers in Nevada may not directly or indirectly require, request, suggest, or cause any employee or prospective employee to submit a consumer credit report or other credit information as a condition of employment (NV Rev. Stat. Sec. 613.570). Additionally, employers may not use or inquire about a consumer credit report or other credit information. Employers may not discriminate against or threaten to take any negative action against any employee or prospective employee who refuses, declines, or fails to submit a ...

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