Background checks may be disposed of after the prescribed EEOC waiting periods mentioned above. hbspt.forms.create({ Our site does not create an attorney-client relationship and it is not intended for detailed legal advice. Note that searches by employers in SC of publicly accessible government data on criminal backgrounds that do not involve a third-party to do the search are not subject to the FCRA. Employers also should avoid making employment decisions based on arrest records, which may also disparately impact racial minorities. There are often legal limits on employers obtaining and using this type of information. Get updates on senior care legislation and supportive tips for the caregiving journey. 116 Inverness Drive East Suite 206 | Englewood CO | 877.360.4636. South Carolina Background Check Laws. However, such searches and use of the data obtained are still subject to anti-discrimination laws. Notice Requirements – The FCRA requires an employer to take certain precautions before compiling background information on employees or prospective employees. Please read our, Compare Costs of Nursing Homes to Home Care, South Carolina Senior Driving Requirements, Choosing an Assisted Living Community Checklist. According to the EEOC, an employer should not ask any medical questions before making a conditional job offer. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). However, the Department of Labor requires records to be kept for two years where an employer is a federal contractor that has at least 150 employees and a government contract of at least $150,000. ... dictates. This page also contains steps an end-user must take to stay in compliance with South Carolina state laws. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. This notice can be given orally, in writing or electronically. Employers must provide a “clear and conspicuous disclosure” to applicants. Code Sec. We are licensed in South Carolina. Prior to that, only York County, SC had such a resolution on the books, dating from January 2017. Saving You Time & Money
For more detailed information on South Carolina state laws, please consult your legal counsel. View our Quality Standards. Yes, Caregiverlist offers you the ability to purchase your own background check from the leading provider in the industry. Adverse action could be choosing not to hire the applicant, reassigning an employee, or terminating an employee. 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 South Carolina state laws. Background Check Law The state of South Carolina does not have any restrictions on what can be reported in a background screening report beyond what the FCRA dictates. The purpose of the FCRA is to help protect employers, employees, and potential job candidates. Employ policies and procedures that examine whether a reasonable accommodation may be required because the results of a background check are due to the applicant’s or employee’s disability. Read our case study below to see how charges and convictions that occurred out-of-state DO NOT show up on a SLED Background Check … As new laws pass, GoodHire compiles all of South Carolina's background check laws. The applicant/employee must be told that the employer may use the information for decisions regarding the person’s employment. Usually companies hiring senior caregivers only conduct a social security name match and a multi-state criminal background check.