North Carolina Background Checks laws & HR compliance analysis

North Carolina 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, 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 North Carolina, employers must comply with laws concerning criminal background checks and driver's record information.
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Ban the box.North Carolina does not currently have ban the box legislation. However, several municipalities and county governments in North Carolina have banned the box by ordinance or policy in connection with their own hiring practices. Carboro, Charlotte, Cumberland County, Durham County, and Spring Lake County have enacted ban the box legislation.
Healthcare and childcare employees. State law requires criminal record checks of individuals who are employed by, apply for employment with, or volunteer for certain hospitals; hospices; child placement agencies; residential childcare facilities; licensed childcare facilities and nonlicensed childcare homes regulated by the ...

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