What do I need to do as an employer to comply with the FCRA regarding background checks?
Prior to initiating a background check, an employer must notify the applicant in writing that a background check is being requested on the applicant and must obtain written consent from the applicant. The employer must also include a statement informing the applicant of their right to request additional disclosure in accordance with the FCRA.
Prior to denying employment based in whole or in part on negative information received from a BackTrack Pre-Employment Background Check Report, the employer must:
- Notify the applicant in writing that derogatory information has been found by the Consumer Reporting Agency and provide the applicant with a copy of the report and a "Summary of Rights" under the FCRA.
- After giving the applicant reasonable time to dispute the background check (approximately 3 days), the employer must provide the applicant with a written formal denial of employment, otherwise known as an Adverse Action Letter.
