Employment Screening Laws in Alabama

Safe Hiring Practices for Alabama

1. 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.
2. 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.
3. 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.
4. Drug Testing:
   • Alabama has no state laws restricting workplace drug testing (Code § 25-5-330 et seq.). Employers can require pre-employment or random drug tests but must provide notice of the policy and a conditional job offer before testing.
   • Costs for tests must be covered by the employer, and testing must comply with the Americans with Disabilities Act (ADA), protecting applicants using prescribed medications.
   • As of June 2022, employers cannot require pre-employment marijuana testing as a condition of employment, though they can maintain drug-free workplace policies.
5. Other Considerations:
   • Accuracy and Privacy: Ensure background checks are accurate and secure to avoid liability for errors or data breaches. Use reputable CRAs to minimize risks.
   • Negligent Hiring: Failing to screen for roles involving vulnerable populations or sensitive duties can expose employers to lawsuits if an employee causes harm.
   • Local Ordinances: Beyond Birmingham’s ban-the-box rule, check for county-specific regulations, though none are widely noted statewide.

Practical Tips:

• Use third-party CRAs for comprehensive, compliant checks rather than relying solely on state systems like the Alabama Background Check System (ABC), which only cover in-state records.
• Maintain consistent screening policies to avoid discrimination claims.
• Document compliance with consent, notices, and adverse action steps.