Connor

BACKGROUND

Because the only issue in this appeal is whether the ICRAA as applied to the background checks conducted on First’s employees is unconstitutionally vague, our discussion of the facts is limited to those facts necessary to an understanding of that issue. Those facts are for the most part undisputed. Connor worked as a school bus driver. Before October 2007, when Laidlaw Education Services was acquired by First, Connor worked for Laidlaw; she became an employee of First after the acquisition. In October 2007, after First acquired Laidlaw, First hired HireRight to conduct background checks on Connor and all other former Laidlaw school bus drivers and aides. Additional background checks were conducted in 2009 and

3 2010. As part of the background checks, HireRight provided First with reports that included information from criminal record checks and searches of sex offender registries, as well as the subject’s address history, driving records, and employment history. Before conducting the background checks, First sent to each employee a “Safety Packet.” The Safety Packet was a booklet that included a notice that “an investigative consumer report” may be requested by…