Is it time for an FCRA compliance check?
An employer must follow Fair Credit Reporting Act guidelines when conducting background investigations through a third party. The FCRA requires that an employer must make certain disclosures and obtain a candidate’s authorization.
Background screening reports are defined as “consumer reports” under the FCRA when they serve as a factor in determining a person’s eligibility for employment. An employer must provide the prospective employee with a clear and conspicuous written disclosure that a background screening report will be obtained and must include language specified by the FCRA. Additionally, the employer must obtain the candidate’s written authorization. It is permissible to include the disclosure and the request for the candidate’s authorization in one document.
Here are some examples of content that should not be in this document:
Is your company FCRA compliant? Always seek competent legal advice when developing a compliant FCRA program.
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