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1 Employee benefit plans maintained by governmental employers are exempt from ERISAâs requirements. This exemption includes plans maintained by the federal, state or local (for example, a city, county or township) governments.  Church plans are also exempt from ERISA. A church plan is any employee benefit plan established or maintained by a church or by a convention or association of churches that is exempt from tax under Section 501 of the Internal Revenue Code (Code), and has not made an election under Code Section 410(d) to be subject to ERISA.
Under the FCRA, local, state, and federal laws there are additional restrictions on what employers can consider and what screening firms can report. In that regard: ESR takes reasonable and appropriate measures to prevent the reporting of information that is prohibited by federal, state, and local laws.