West Virginia Background Checks laws & HR compliance analysis

West Virginia 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 West Virginia, employers must comply with laws concerning criminal background checks and driver's record information.
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The Human Rights Commission has indicated that it may be unlawful, under the West Virginia Human Rights Act (WV Code Sec. 5-11-1et seq.), for an employer to make preemployment inquiries about an applicant's arrest record because such information tends to screen out a disproportionate number of minorities. Inquiries regarding criminal convictions that are directly related to the job in question and have not been sealed or expunged are permissible.
School personnel. Any applicant for an initial license issued by the West Virginia Department of Education must be fingerprinted by the West Virginia State Police. The fingerprints will be analyzed by the state police for a state ...

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