EmploymentQuestion 1091 of 1632

Under Labor Code §1024.5, an employer's use of an applicant's consumer credit report for hiring is:

a.Prohibited in every hiring situation
b.Completely unrestricted for employers
c.Limited to specified positions only
d.Required for all construction jobs

Explanation

Labor Code §1024.5(a) permits a consumer credit report to be used for employment purposes only for enumerated positions - a managerial position exempt under Wage Order 4, a sworn peace officer, a job where the law requires the report, one with regular access to specified personal information, a named signatory on the employer's bank or credit accounts, a position involving trade secrets, or regular access to $10,000 or more of cash. (b) is the pre-2012 position. (a) overstates the ban, which is what makes it the plausible wrong answer: credit checks are restricted, not abolished. (d) inverts it. Civil Code §1785.20.5 adds the notice the employer must give of the specific §1024.5 basis it is relying on.

Law Reference: Labor Code §1024.5(a); Civil Code §1785.20.5

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