Employee Background Check Laws in Connecticut

The Fair Credit Reporting Act (FCRA), 15 U.S.C. section 1681 et seq., establishes the federal baseline for background checks when a third-party consumer reporting agency prepares the report. Under the FCRA, an employer must obtain written consent before requesting a consumer report, and if the employer takes adverse action (such as denying employment) based wholly or partly on the report, the employer must provide the applicant with a pre-adverse action disclosure that includes a copy of the report and a description of the applicant's rights under the FCRA.

The FCRA applies to all employers who use third-party consumer reporting agencies, with no minimum size threshold. The law prohibits the use of certain information (such as bankruptcies older than 10 years, criminal records older than 7 years, and civil judgments older than 7 years) in most employment decisions, though these limitations do not apply to positions paying over $75,000 per year. The EEOC and the Federal Trade Commission (FTC) enforce the FCRA. Remedies include actual damages, statutory damages of $100 to $1,000 per violation, and punitive damages, plus attorney fees and court costs.

Connecticut General Statutes sections 31-51i, 31-51j, and 31-51k impose Connecticut-specific requirements that are generally parallel to but in some respects stricter than federal FCRA requirements. Section 31-51i requires that before requesting a background check, an employer must obtain written consent from the applicant and provide a separate, clear written disclosure that a background check will be obtained. The disclosure must inform the applicant of their rights under Connecticut law and the FCRA.

Connecticut law applies to all employers, regardless of size, including those conducting background checks in-house without using a third-party agency. This is broader than the federal FCRA, which applies primarily when third-party consumer reporting agencies are involved. Section 31-51j mandates that if an employer intends to take adverse action based on information in a background check, the employer must notify the applicant before taking action, providing a copy of the report and notice of the applicant's rights to dispute the accuracy of the information.

Section 31-51k establishes that applicants have the right to request and receive a free copy of any background check report obtained about them and to dispute any inaccurate information in the report. If the applicant disputes information, the employer must conduct an investigation or require the consumer reporting agency to do so. Connecticut's law is stronger than the federal baseline because it explicitly requires pre-adverse-action notice and applies even to in-house background checks conducted without third-party agencies.

Employers must also comply with Connecticut's anti-discrimination laws (Connecticut General Statutes section 46a-60) when conducting background checks, meaning background checks cannot be used in a manner that discriminates based on protected characteristics such as race, color, national origin, age, disability, or criminal history in certain contexts. Connecticut law also restricts the use of credit reports in employment decisions.

Connecticut law does not apply to certain narrow categories of positions and employers. Federal positions are subject to federal background check laws rather than Connecticut statute. Some positions exempt from detailed background check procedural requirements include certain law enforcement and national security roles governed by federal law.

Employers may conduct limited background checks without full FCRA compliance in specific limited contexts. For example, if an employer conducts only a simple, informal reference check or verification of credentials directly with previous employers without using a consumer reporting agency, the strict pre-adverse action notice requirement may not apply in all circumstances, though best practice still suggests providing notice.

Criminal records can generally be considered in background checks, but Connecticut law restricts their use in certain employment contexts. Criminal history must be evaluated based on the nature of the crime, how long ago it occurred, and the nature of the job; blanket prohibitions on hiring anyone with a criminal record may violate Connecticut anti-discrimination laws. Additionally, arrests that did not result in conviction generally cannot be used against an applicant.

Education verification and reference checks from prior employers conducted directly (not through a consumer reporting agency) may not trigger the full disclosure and consent requirements, though providing notice remains best practice. Employers in Connecticut may use exclusions for bankruptcy, although federal FCRA generally allows this only for positions paying over $75,000.

At-will employment does not override background check disclosure and consent requirements. Even if Connecticut is an at-will employment state, the procedural requirements of sections 31-51i through 31-51k must still be followed.

Step 1: Document Everything. Keep detailed records of all communications regarding the background check, including the written consent forms you signed, the separate disclosure documents provided by the employer, any background check reports you received, and any notice of adverse action from the employer. Save emails, letters, and any documentation showing when you consented and what information was used in the decision. Take screenshots of online consent forms and save PDFs of all notices.

Step 2: Internal Complaint and Dispute Process. If you believe the background check contains inaccurate information, contact the employer immediately in writing (email or certified mail) requesting a copy of the report and notifying them that you dispute specific information. The employer is required to investigate or cause a consumer reporting agency to investigate your dispute. Ask the employer for confirmation in writing that they have received your dispute and will conduct an investigation. Request a timeline for the investigation results. Keep copies of all correspondence.

Step 3: File a Complaint with Connecticut Labor Department or FTC. If the employer did not obtain written consent, did not provide a separate clear disclosure, or failed to provide pre-adverse action notice and an opportunity to dispute, file a complaint with the Connecticut Department of Labor (DOL), Wage and Workplace Standards Division, at ct.gov/dol or call 860-263-6000. You can also file a complaint with the Federal Trade Commission (FTC) at reportidentitytheft.ftc.gov or call 1-877-438-4338. The complaint should include copies of consent forms (or lack thereof), disclosure documents, the background check report, the adverse action notice (or lack thereof), and any communications with the employer. There is no strict filing deadline under Connecticut statute, but file as soon as possible after discovering the violation.

Step 4: Investigation Process. The Connecticut DOL will contact the employer and request documentation of the consent and disclosure process. The investigation typically takes 30-60 days. The FTC investigates FCRA violations similarly. During this time, the agency may ask you for additional documents, witness statements, or clarification. Respond promptly to any requests. If the consumer reporting agency (if one was used) failed to conduct a proper dispute investigation or correct inaccurate information, the agency is also liable under the FCRA.

Step 5: Consult an Attorney. Contact an employment attorney if the background check violation caused you to lose a job offer or an employment opportunity, or if the violation is part of a broader pattern of discrimination. An employment attorney can evaluate whether the violation also involves discrimination based on a protected characteristic (race, national origin, age, disability, etc.). If so, you may have a claim under Connecticut civil rights law (section 46a-60) in addition to the background check law. An attorney can also evaluate whether you have a claim for damages, including back pay, front pay, and emotional distress compensation. Many employment attorneys work on contingency or for reduced fees in clear violation cases.