Oklahoma Background Checks laws & HR compliance analysis

Oklahoma 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 Fair Credit Reporting Act (FCRA) and state laws. In Oklahoma, employers must comply with laws concerning consumer reports, criminal background checks, and driver's record information.
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Under state law, before requesting a consumer report on an individual for employment purposes, an employer must provide written notice to the subject of the investigation. The notice must inform the subject that a consumer report will be used. The notice must contain a box that the subject may check to receive a copy of the report. If a copy of the report is requested, the employer must request that a copy be provided to the subject at the same time that the employer requests its copy of the report from the investigating agency. The report sent to the subject is to be provided free of charge (OK Stat. Tit. 24 Sec. 148).
Oklahoma law prohibits ...

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