10-1-393.14. Requirements relating to consumer reports furnished for employment purposes.

As used in this Code section, the term:#

1. (1)

   “Adverse effect” means:#

   1. (A)

      A denial of employment;#

   2. (B)

      Any other decision for employment purposes that negatively affects any current or prospective employee; or#

   3. (C)

      A denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of any license.#

2. (2)

   “Consumer report” means any written, oral, or other communication of any information bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for purposes of credit, insurance, or employment.#

3. (3)

   “Consumer reporting agency” means any person or entity which, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.#

4. (4)

   “Employment purposes” means used for the purpose of evaluating a consumer for employment, promotion, reassignment, retention as an employee, or licensing.#

A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment shall:#

1. (1)

   At the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or#

2. (2)

   Maintain strict procedures designed to ensure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, and convictions shall be considered up to date if the current public record status of the item at the time of the report is reported.#

A consumer reporting agency shall be considered to be conducting business in this state if it provides information to any individual, partnership, corporation, association, or any other group however organized that is domiciled within this state or whose principal place of business is within this state.#

A consumer reporting agency that provides a consumer report for employment purposes that is in compliance with the federal Fair Credit Reporting Act in existence on March 11, 2015, shall be deemed to have complied with this Code section.#