What Does an Employer Need to Be Aware of Regarding the
Fair Credit Reporting Act?
First, each applicant must be notified that you are requesting a background consumer report regarding them. This FCRA
Consent to Request Consumer Report release must be submitted to the applicant on a separate document which can be included with the application. Secondly, if you make an adverse decision regarding the applicant / employee based on the information provided by the CRA document, you must give the individual a
Pre-Adverse Action Disclosure, a copy of the individuals consumer report, and the document
"A Summary of Your Rights Under the Fair Credit Reporting Act." Lastly, after you've taken an adverse action, you must give the individual notice, orally, in writing, or electronically, that the action has been taken in an
Adverse Action Notice.
Notification must include:
- The name, address, and phone number of the FCRA that supplied the report;
- A statement that the consumer reporting agency (i.e. InfoCheck, Inc.) that supplied the report did not make the decision to take the adverse action and cannot give specific reasons for it;
- A notice of the individuals right to dispute the accuracy or completeness of any information the agency furnished, and his or her right to an additional free consumer report from the agency upon request within 60 days.
Here are a few interesting links. We will be adding more as we gather them, so it is a good idea to check here from time to time.