However, if the arrest resulted in a conviction, or if the applicant is out of jail but pending trial, that information can be used. Only certain employers such as public utilities, law enforcement, security guard firms and child care facilities have access to this information. When an employee's claim goes through the state system or the Workers' Compensation Appeals Board, the case becomes public record. Only if an injury might interfere with one's ability to perform required duties may an employer use this information. Under the federal Americans with Disabilities Act, employers cannot use medical information or the fact an applicant filed a workers' compensation claim to discriminate against applicants.
Bankruptcies are public record.
However, employers cannot discriminate against applicants because they have filed for bankruptcy. The following types of information may be useful for an employer to make a hiring decision. However, the employer is required to get your permission before obtaining the records. Under both federal and California law, transcripts, recommendations, discipline records and financial information are confidential. A school should not release student records without the authorization of the student or parent.