Reminder on Adverse Action Procedures

We want to remind employers when taking adverse action in certain areas of the country, there are additional processes or procedures you should be aware of that are beyond what is required by the FCRA.

These areas are as follows: 

• Massachusetts
• Newark, New Jersey 
• San Francisco, California 
• Seattle, Washington

Here is a summary of what is required:

Massachusetts - The employer is required to provide the individual with the Company's Massachusetts Criminal Record Information Policy. 

Newark, New Jersey - The employer is required through the pre-adverse action stage to provide the precise factor or determination from the criminal record that indicates why the employer may not be hiring the individual. In addition to the determination through the pre-adverse action stage, the employer must provide the individual with the Applicant Criminal Records Consideration Form.

San Francisco, California - The employer is required through the pre-adverse action stage to provide the precise factor or determination from the criminal record that indicates why the employer may not be hiring the individual. In addition to the determination through the pre-adverse action stage, the employer must provide the individual with the San Francisco Notice and must have available this notice in four (4) languages. The employer should provide this notice during the disclosure and consent stage and the pre-adverse action stage. The languages are as follows: English, Spanish, Chinese, Tagalog (Tagalog is an Austronesian language for individuals that are from the Philippines-especially Manila) 

Seattle, Washington - The employer is required through the pre-adverse action stage to provide the precise factor or determination from the criminal record that indicates why the employer may not be hiring the individual. 

District of Columbia - If asked by the candidate the employer is required to provide the individual with the individualized assessment the employer used to make the determination. 

Because of the variances in these laws and the fact the employer has to provide the candidate with the determination and/or a special document, Aurico will not administer the pre-adverse action letters at this time for Newark, New Jersey, San Francisco, California, Seattle, Washington. However, for Aurico clients, Aurico will have these notices and sample pre-adverse action letters available in the "Forms" section of WebACE(tm). 

We anticipate as more of the Ban the Box legislation passes by area of the country for all employers that there will be additional forms, and processes specific to those areas and we will keep our clients posted as these regulations pass. 

If you have any questions or need clarification please contact Laura Randazzo, Vice President of Compliance.