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West Virginia Background Check Laws

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West Virginia Employment Screening Laws

Employee Background Checks and Drug Screening Trends White Paper

Employers that are either located in West Virginia or hiring West Virginia residents must abide by the Federal FCRA, and applicable West Virginia state employment laws.

This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with West Virginia state laws. This page also contains steps an end-user must take to stay in compliance with West Virginia state laws.

Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. The EEOC has provided guidance on how employers can use criminal records during the hiring process. This regulation was issued on April 25, 2012. The EEOC requires employers to individually review each applicant or employee that may be disqualified due to a criminal record. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). Additionally, the EEOC wants to undertake an adverse action process similar to that of the FCRA. They want to add a pre-adverse action process of their own. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different.

The information that is provided on this page does not discuss requirements under the EEOC nor does it explain how to use criminal records that fall under the regulation of the EEOC. It is suggested that compliance with the EEOC be discussed with legal counsel.

For more detailed information on West Virginia state laws, please consult your legal counsel.

Employment Background Check Laws In West Virginia:

This state follows the regulations and standards for hiring policies as set forth by the Fair Credit Reporting Act. There are no additional state or local employment screening laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.

Fair Credit Reporting Act (FCRA):

The Fair Credit Reporting Act (FCRA) is a set of federal guidelines that helps regulate hiring practices. The FCRA was created to ensure privacy, accuracy, and fairness of consumer information. The FCRA accomplishes this by having a set standard for collecting, disseminating, and using consumer information.

Employers obtaining consumer reports for background screening purposes must follow specific procedures. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. They must obtain the written consent of the candidate before obtaining a background screening. They may not misuse the information contained in the background screening. There are also strict procedures an employer must follow should they decide not to hire a potential candidate based on the information in the background screening.

The purpose of the FCRA is to help protect employers, employees, and potential job candidates.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

No additional “Ban the Box” state or local laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.


Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Fees:

County: Court Fee: County: Court Fee: County: Court Fee:
Barbour $0.00 Berkeley $0.00 Boone $5.00
Braxton $0.00 Brooke $5.00 Cabell $0.00
Calhoun $0.00 Clay $0.00 Doddridge $0.00
Fayette $0.00 Gilmer $0.00 Grant $0.00
Greenbrier $0.00 Hampshire $0.00 Hancock $5.00
Hardy $0.00 Harrison $0.00 Jackson $0.00
Jefferson $0.00 Kanawha $0.00 Lewis $0.00
Lincoln $0.00 Logan $0.00 Marion $0.00
Marshall $0.00 Mason $0.00 Mcdowell $0.00
Mercer $0.00 Mineral $0.00 Mingo $0.00
Monongalia $0.00 Monroe $0.00 Morgan $0.00
Nicholas $0.00 Ohio $0.00 Pendleton $0.00
Pleasants $0.00 Pocahontas $0.00 Preston $0.00
Putnam $0.00 Raleigh $0.00 Randolph $0.00
Ritchie $0.00 Roane $0.00 Summers $0.00
Taylor $0.00 Tucker $0.00 Tyler $0.00
Upshur $0.00 Wayne $0.00 Webster $0.00
Wetzel $0.00 Wirt $0.00 Wood $0.00
Wyoming $0.00

Summary of Rights:

West Virginia Consumers Have the Right to Obtain a Security Freeze

You may obtain a security freeze on your credit report to protect your privacy and ensure that credit is not granted in your name without your knowledge. You have a right to place a security freeze on your credit report pursuant to West Virginia law.

The security freeze will prohibit a consumer-reporting agency from releasing any information in your credit report without your express authorization or approval.

The security freeze is designed to prevent credit, loans and services from being approved in your name without your consent. When you place a security freeze on your credit report, within five business days you will be provided a unique personal identification number or password to use if you choose to remove the freeze on your credit report or to temporarily authorize the distribution of your credit report for a period of time after the freeze is in place. To provide that authorization, you must contact the consumer-reporting agency and provide all of the following:

  1. The unique personal identification number or password provided by the consumer-reporting agency;
  2. Proper identification to verify your identity; and
  3. The period of time for which the report shall be available to users of the credit report.

A consumer-reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report shall comply with the request no later than three business days after receiving the request.

A security freeze does not apply to circumstances in which you have an existing account relationship and a copy of your report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control or similar activities.

If you are actively seeking credit, you should understand that the procedures involved in lifting a security freeze may slow your own applications for credit. You should plan ahead and lift a freeze, either completely if you are shopping around or specifically for a certain creditor, a few days before actually applying for new credit.

You have the right to bring a civil action against someone who violates your rights under the credit reporting laws. The action can be brought against a consumer-reporting agency."

Court Cases:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

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