Some states have their own background report disclosure laws. Our virtual road trip throughout the United States has introduced us to many states that require specific disclosures, beyond FCRA disclosures, before screening applicants or employees when using a consumer reporting agency like Verified Credentials. Our stops have outlined disclosure requirements in California, Minnesota, New York, and more.
This month’s stop is in the Sooner State. A “consumer report” (background report) under Oklahoma law has the same meaning as under the FCRA. If you obtain such a background report for employment purposes on someone that lives or works in Oklahoma, you may want to keep Oklahoma law in mind as follows:
An Oklahoma background report disclosure must:
- Be in writing;
- Be provided to the applicant or employee before the background report is obtained;
- Inform the applicant or employee that a background report will be used for employment purposes; and
- Include a box the applicant or employee can check to get a copy of the report.
Employers should take note if their applicant or employee “checks the box” to get a copy of their background report. If the box is checked, the employer must ask its background screener to provide a copy of the background report to the applicant or employee when it asks its background screener for its copy of the background report. The background report sent to the applicant or employee is always provided free of charge.
Do you want to see a sample Oklahoma disclosure as you draft your own? We offer sample compliance documents to help you, including a sample Oklahoma disclosure. Simply log into your Verified Credentials Employee® account and go to the Resource Library. Download the “Oklahoma Consumer Report Disclosure” sample to get started.
As always, be sure to check with your legal counsel to make sure you stay compliant with state-specific laws.
