(A) General policy.
(1) It is the county’s policy to comply with the state’s Employment Selection Procedures Act (“UESPA”) with regard to obtaining, using and maintaining personal information of applicants for employment with the county. Additionally, UESPA requires that the county maintain and make available this policy to all such applicants.
(2) The county shall comply with all federal, state and local laws concerning the selection and hiring of persons for employment.
(B) Definitions. In implementing this policy, the county will be guided by the current definitions found in state statutes and regulations, or in case law construing the statutes and regulations, and applicable federal law. In the event of any conflict between the definitions in the UESPA and the definitions in this policy, the legal definitions found in the UESPA will control. The following definitions are provided for general guidance of employees and applicants in understanding the policy.
APPLICANT. A person who has applied for employment with the county.
PERSONAL INFORMATION. All information about an applicant obtained by the county in a written, electronic, audio or visual record, whether generated by the applicant or by the county, for the purposes of considering applicant for employment or further review. Examples of PERSONAL INFORMATION include, but are not limited to, name, physical address, mailing address, phone number, e-mail address, employment history, residence history, references, personal contacts, physical characteristics, resume, restricted personal information and any other data and information obtained about applicant.
PROHIBITED USE. Providing or disclosing an applicant’s personal information to a person other than a county employee, agent, officer or official, or providing or disclosing an applicant’s personal information for the purposes of marketing, profiling, reselling or other similar use.
RESTRICTED PERSONAL INFORMATION. An applicant’s Social Security number, date of birth and/or driver’s license number.
(C) Guidelines.
(1) The county will not request an applicant’s restricted personal information unless:
(a) The county has offered the applicant a job; or
(b) The county needs applicant’s restricted personal information to obtain, and the applicant consents to the county obtaining, a criminal background check, credit history and/or driving record of applicant, in accordance with all applicable state and federal laws.
(2) The county will not use an applicant’s personal information other than to determine whether or not the county will consider the applicant for further review or will hire the applicant as an employee. However, the county may:
(a) Provide an applicant’s personal information upon request to a government official if required to be disclosed by order of a governmental agency, legislative body or a court of competent jurisdiction, or to a representative of the state’s Labor Commission’s Division of Antidiscrimination and Labor in a formal investigation of the county’s compliance with UESPA; or
(b) If the applicant is hired as an employee, use the applicant’s personal information for a performance review or promotion application review that is similarly conducted and applied to other employees in a similar position.
(3) The county will maintain this employment application information policy and will make it available for review to an applicant immediately upon request by such applicant, including before the county obtains or applicant provides applicant’s personal information.
(4) If the county does not employ the applicant, it will not retain applicant’s personal information for more than two years after the date on which applicant provides the information to the county as part of the application process.
(5) The Human Resource Director is responsible for implementing this policy, including determining when to request restricted personal information, when and how to use and disclose an applicant’s personal information, and when to destroy or dispose of it.
(Ord. passed 6- -2019)