REGULATION OF TRADE AND CERTAIN ENTERPRISES
Report for employment purposes; public record information; notice of request for consumer report
Section 60. 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 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 maintain strict procedures designed to insure 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 section, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported. Nothing contained in this section shall permit the use of public record information otherwise prohibited by section fifty-two.
A consumer reporting agency which furnishes a consumer report for employment purposes shall enter into an agreement with the user of such consumer report which provides that no consumer report may be requested by the user until and unless the user has provided written notice to the employee or prospective employee that a consumer report regarding the employee will be requested. For current employees, notification in an employee manual shall be sufficient for the purposes of this section.