New Hampshire Background Checks laws & HR compliance analysis

New Hampshire 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.
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In addition to the FCRA, New Hampshire state law prohibits any person or business from requesting a consumer report for employment purposes unless the applicant or employee is first informed that a credit report may be requested. Employers must advise applicants if employment is denied or advise employees if other adverse action is taken based in whole or in part on information contained in a consumer report. The notice must include the name and address of the consumer reporting agency used to obtain that information. The New Hampshire requirements are very similar to the FCRA (N.H. Rev. Stat. § 359-B:13).
Employers may request and obtain a copy of an individual's criminal conviction record if the individual has provided authorization in writing, signed and notarized, explicitly allowing ...

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