Employers that are either located in Georgia or hiring Georgia residents must abide by the Federal FCRA, and applicable Georgia state employment laws.
This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with Georgia state laws. This page also contains steps an end-user must take to stay in compliance with Georgia state laws.
Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. The EEOC has provided guidance on how employers can use criminal records during the hiring process. This regulation was issued on April 25, 2012. The EEOC requires employers to individually review each applicant or employee that may be disqualified due to a criminal record. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). Additionally, the EEOC wants to undertake an adverse action process similar to that of the FCRA. They want to add a pre-adverse action process of their own. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different.
The information that is provided on this page does not discuss requirements under the EEOC nor does it explain how to use criminal records that fall under the regulation of the EEOC. It is suggested that compliance with the EEOC be discussed with legal counsel.
For more detailed information on Georgia state laws, please consult your legal counsel.
Fair Credit Reporting Act (FCRA) |
Info Cubic Ninja's summary
The Fair Credit Reporting Act (FCRA) is a set of federal guidelines that helps regulate hiring practices. The FCRA was created to ensure privacy, accuracy, and fairness of consumer information. The FCRA accomplishes this by having a set standard for collecting, disseminating, and using consumer information.
Employers obtaining consumer reports for background screening purposes must follow specific procedures. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. They must obtain the written consent of the candidate before obtaining a background screening. They may not misuse the information contained in the background screening. There are also strict procedures an employer must follow should they decide not to hire a potential candidate based on the information in the background screening.
The purpose of the FCRA is to help protect employers, employees, and potential job candidates.
For a copy of the FCRA, please visit:
Georgia Code 35-3-34: Georgia Crime Information Center. Disclosure and dissemination of criminal records to private persons and businesses. |
Info Cubic Ninja's summary
If a background screening report contains criminal record information from Georgia, and it uses information sourced from the Georgia Crime Information Center (GCIC), an employer must adhere to the following rules if they are going to take adverse action against an applicant.
If an employer makes an adverse employment decision based on the information contained in that report, the employer must disclose to the applicant all of the information pertinent to their decision. This includes:
(1) Where the information was originally sourced from – for example, the criminal record information came from the Georgia Crime Information Center;
(2) The specific content of the record – for example, details of the criminal record information the employer received; AND
(3) The effect the record had on the employer’s hiring decision – for example, the decision that was made due to the record.
Georgia Code 42-8-63: First Offenders. Effect of discharge under article on eligibility for employment or appointment to office. |
Info Cubic Ninja's summary
If an individual has had criminal charges brought against them, but they have been “discharged” under GCA 42-8-63, they have NOT been convicted of a crime under the laws of the State of Georgia. This information may not be used to make an adverse employment decision against the applicant.
The record is usually labeled with a disposition of “First Offender,” and this is considered to be a non-conviction. A “First Offender” is a person who has not been previously convicted of a felony (GCA 35-3-34.1), and the court has decided to offer a deferred sentence. The First Offender must follow court guidelines over a specified period of time, and they will not be convicted. As such, this non-conviction can NOT be used to make an adverse hiring decision.
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Disclaimer
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
Per executive order on February 23, 2015, all questions regarding criminal history are removed from State Employment Applications. Additionally, inquiries into an applicant’s criminal history cannot be made at “the initial stage of the state employment application process.”
This “Ban the Box” order applies to employers in the public sector hiring for the State of Georgia.
Disclaimer
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
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