Legal Compliance: Regulatory

The following resources are meant to provide employers with guidance in complying with a variety of legislative and regulatory requirement. ESR does not provide legal services and this information and the resources on this page should not be construed as legal advice or opinion.

Consumer Financial Protection Bureau (CFPB)

The Consumer Financial Protection Bureau (CFPB)is an agency of the United States government responsible for consumer protection in the financial sector. On January 1, 2013, the CFPB took over the administration of notices required by the federal Fair Credit Reporting Act (FCRA) from the Federal Trade Commission (FTC).

Equal Employment Opportunity Commission (EEOC)

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. Most employers with at least 15 employees are covered by EEOC laws. On April 25, 2012, the EEOC voted to approve updated Enforcement Guidance for use of criminal records of applicants and employees by employers.

Federal Trade Commission (FTC)

The Federal Trade Commission (FTC) works to protect consumers by preventing anti-competitive, deceptive, and unfair business practices. The FTC is the only federal agency with both consumer protection and competition jurisdiction in broad sectors of the economy. The FTC also gives guidance for the FCRA compliance which is available on the ESR Legislative webpage.

Some State Specific Notices

Statewide Criminal Record History

Statewide search availability and suitability in hiring decisions varies by state. ESR can provide complete information about states that have a courthouse equivalent solution versus those that are sufficient for supplemental use, those that are unreliable or not available to the public.

Driver’s Privacy Protection Act (DPPA)

The Drivers Privacy Protection Act (DPPA), 18 U.S.C. §2721 et. seq., was originally enacted in 1994 to protect the privacy of personal information assembled by State Department of Motor Vehicles (DMVs). The Drivers Privacy Protection Act safeguards the personal information of licensed drivers from improper use or disclosure. It’s important to note that many states may have imposed restrictions beyond what is required within the federal statute. The DPPA requires state DMV’s to restrict the use of personal information contained in driver records to those uses allowed by the Federal DPPA which defines penalties and civil liability for violations. Complete information can be found here.

Consumer Credit Report Information

A number of U.S. states have passed legislation that restricts the use of credit histories of applicants and employees in hiring decision.

 

 

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