Five Requirements of Employment Background Checks under the FCRA
Posted: Thursday, September 12, 2013
Seeing as I have focused my recent blogs on the topic of the
Fair Credit Reporting Act ("FCRA") and compliance with the statute
when conducting an
employment background check, I think it is a good time to
provide you with a summary of the requirements of employers when
screening applicants. Below is my list of the five
requirements of employers when requesting a background
- The employer must provide the employee or job applicant with a
written disclosure of its intent to request an investigative
consumer report. This notice must be clearly understood
by the employee or applicant.
- The employee must give the employer express
authorization to obtain a consumer report on the employee or
- After receiving the consumer report, the employer must notify
the employee or applicant if it plans to take "adverse action"
against the individual based on any information obtained from the
- The employer must present the employee or job applicant with an
"adverse action" notice explaining that it has based its decision
not to continue employment or to hire the employee or applicant
based on the information contained in the report and the name and
address of the
consumer reporting agency used in making this
- After adverse action is taken against the employee or
applicant, the employer must provide the individual with "A Summary
of Your Rights Under the Fair Credit Reporting Act".
If you have recently applied for a job or promotion and your
employer or potential employer has not followed all of the above
referenced steps, contact SmithMarco
P.C. for a free case review.