Wyoming Background Checks laws & HR compliance analysis

Wyoming 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 Wyoming, employers must comply with laws relating to criminal background checks and driver's record information.
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Employers may obtain fingerprint-based criminal history records from the Division of Criminal Investigations, Attorney General's Office, by submitting a waiver signed by the person whose record is being requested, a completed fingerprint card, and a $20 fee. However, employers should exercise caution when using criminal records in making employment decisions. The federal Equal Employment Opportunity Commission (EEOC) takes the position that it is a violation of Title VII of the Civil Rights Act to base an employment decision solely on an applicant's or employee's arrest record, because statistics show that a disproportionate number of minorities have ...

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