Candidates

CCA seeks to employ qualified, fiscally responsible individuals in sensitive positions within the college. Credit checks are not completed for all candidates. They are conducted after an offer has been extended to a candidate. Although results of the credit check may take a few days to obtain, every effort is made to avoid delay in the hiring process.

Under California law, employers and prospective employers (not including certain financial institutions) are generally prohibited from using a consumer credit report for employment purposes.

CCA complies with all applicable federal and state laws regarding the collection, storage, use and disposal of information obtained as part of a credit check. This includes the consent and disclosure provisions of the Fair Credit Reporting Act and the Fair and Accurate Credit Transactions Act. CCA is an equal opportunity employer and does not discriminate with regard to race, sex, age, national origin, religion, disability, genetic information or other characteristics protected by federal, state and local fair employment practices laws.

HR is responsible for obtaining and reviewing all credit checks for qualifying internal positions. HR reviews the information obtained when a credit check is required for a hiring decision and provides the results to management personnel involved in the hiring process. Access to this information is strictly limited to employees of the HR department and others on a need-to-know basis to ensure that the privacy of the candidate is respected.

The following are the steps that are followed by HR when initiating and conducting a credit check for a candidate.

Give Written Disclosure To and Get Written Authorization From the Candidate

CCA will tell the candidate, in writing, that it intends to obtain a consumer credit report. CCA will also request the authorizing signature of the candidate. The candidate will be provided, via email, the following documents for this purpose:

• Disclosure and Authorization to Obtain Consumer Credit Report
• Summary of Your Rights under the Fair Credit Reporting Act
• CCA Credit Check Policy

Disqualification of Candidate

If the credit check reveals that the candidate for hire or transfer has a history of bad debt, the individual may be disqualified from the position. Candidates with bad debt, as defined below, will not be considered for positions that involve the handling of credit cards, cash or other company funds.

"Bad debt" is defined as debt that has been referred for collection, has a balance past due more than 60 days or has been written or charged off by the creditor. Bad debt is not considered a risk if it is more than five years old, the result of the candidate's student loan obligations, or incurred through extensive medical care for the candidate or his or her immediate family members or dependents. Bad debt is considered a risk if it exceeds 10 percent of the salary for the position being filled, regardless of the time period in which the debt was incurred (excluding medical debt and student loans).

Provide Applicant With Written Notice of Any Adverse Actions

If the information on the consumer credit report leads CCA to take some adverse action (an adverse action is any employment decision that has a negative impact on hiring, termination, benefits, or compensation) against the applicant, then a Pre-Adverse Action Disclosure will be provided to the applicant, which will include the following information:

• Name, address and toll-free telephone number of the agency that provided the report.
• A statement that the agency did not make the adverse decision and is unable to explain why the decision was made.
• A statement of the applicant’s right to obtain (if requested within 60 days) a free disclosure of his/her files from the reporting agency.
• A statement of the applicant’s right to dispute directly with the consumer reporting agency the accuracy of any information provided by the agency.
• A statement to the applicant that the decision to take adverse action was based in whole or part upon the information obtained in the consumer credit report.
• A copy of the Fair Credit Reporting Act – Summary of Your Rights.

• A managerial position (as defined in the executive exemption of Wage Order 4 of the IWC).
• A sworn peace officer or other law enforcement position.
• A position for which the information in the report is required by law to be disclosed or obtained.
• A position that involves regular access (for any purpose other than routine solicitation and processing of credit card applications in a retail establishment) to ALL of the following types of information for any one person:
  • Bank or credit card account information;
  • Social security number; and
  • Date of birth.
• A position in which the person is, or would be, any of the following:
  • A named signatory on the bank or credit card account of the employer;
  • Authorized to transfer money on behalf of the employer; or
  • Authorized to enter into financial contracts on behalf of the employer.
• A position that involves access to confidential or proprietary information (including trade secrets), defined as information that both:
  • Derives independent economic value, actual or potential, from not being known to, and not being readily ascertainable by proper means by, other persons who may obtain economic value from the disclosure or use of the information; and
  • Is the subject of an effort that is reasonable under the circumstances to maintain the secrecy of the information.
• A position that involves regular access to cash totaling $10,000 or more of the employer, a customer or client, during the workday.