Employment Screening Laws in Alabama

Business organizations must comply primarily with federal laws, as the state has limited specific regulations beyond those. Here’s a concise overview of key Alabama laws to abide by.

Alabama’s lack of restrictive state laws gives employers flexibility, but federal compliance (FCRA, EEOC, ADA) is critical to avoid fines, lawsuits, or reputational damage. For roles requiring mandatory checks (e.g., childcare), adhere strictly to Alabama’s fingerprint-based process.

Safe Hiring Practices for Alabama

Fair Credit Reporting Act (FCRA)

• Consent and Disclosure: Employers must obtain written consent from applicants before conducting background checks through a consumer reporting agency (CRA). A clear disclosure must be provided, separate from other application materials.
• Adverse Action Process: If an employer intends to reject an applicant based on the background check, they must provide a pre-adverse action notice (including a copy of the report and a summary of rights), allow time for the applicant to dispute inaccuracies, and issue a final adverse action notice if the decision stands.
• Lookback Limits: For positions with salaries under $75,000, certain information (e.g., civil suits, judgments, arrest records) cannot be reported if older than 7 years. Criminal convictions can be reported without time limits. For salaries over $75,000, these restrictions may not apply.

Equal Employment Opportunity Commission (EEOC) Guidelines

• Employers must avoid discriminatory practices when using criminal records. Decisions should consider the nature of the offense, time elapsed, and job relevance. Applicants should have a chance to explain their records to avoid unfair exclusion.
• Screening processes must not disproportionately impact protected groups (e.g., based on race, sex, or age) under Title VII of the Civil Rights Act.

Alabama-Specific Requirements

• No Statewide Ban-the-Box Law: Alabama does not restrict employers from asking about criminal history on job applications, except in Birmingham, where city government positions follow a ban-the-box policy.
• Mandatory Checks for Certain Roles: Alabama law (Code § 38-13-3) requires criminal history checks for employees or volunteers in childcare, adult care, foster care, or Department of Human Resources roles with unsupervised access to vulnerable populations. These checks involve fingerprinting and full disclosure of convictions.
• Redeemer Act: Allows expungement of certain nonviolent misdemeanors, traffic violations, and municipal offenses, meaning applicants aren’t required to disclose expunged records.