Arizona Applicant Authorization for Reference Checks
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How to fill out Applicant Authorization For Reference Checks?
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FAQ
A background check usually comes at the end of the hiring process. Employers will typically conduct a background check before they're about to make an offer. They may be conducting a background check on a handful of candidates they're considering making an offer to.
An employer may typically disclose a current or former employee's job title, the period of employment, salary amount, responsibilities, job performance, and whether they resigned or were terminated. There are no federal laws restricting what an employer can or cannot disclose, however, state laws may differ.
Screening can also include credit history checks as well as personal and professional references, so you can better understand their strengths, weaknesses and character.
In most states, employers can legally provide any truthful information about your past work performance. The good news, however, is that most employers won't do it because there is a risk that you might bring a defamation lawsuit that would cost a lot to defend.
The decision to no longer inquire about criminal history on job applications in Arizona, has made them one of the 35 states that Ban the Box. This means that Arizona employers can no longer ask an applicant about their criminal history on a job application.
In Arizona, Arizona Revised Statutes 23-1361 allows an employer to provide to a prospective employer information concerning a person's education, training, experience, qualifications and job performance.
If the company inquires further about salary, HR can give out that information as well, but it has the right to ask for express consent from the applicant. You do not have to give out any information whatsoever, including employment verification data and salary information.
The GDPR states that consent must be 'freely given, specific, informed and unambiguous'. This means that the data subject must be aware that they are consenting to have their data processed and should not be forced into giving consent.
Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.
With your consent, your future employer can contact past employers. A CRA will contact the employers listed on your resume or application to verify the dates you worked and the positions you held. They may also contact references you have provided to ascertain performance and character.
