If you apply for a job and/or are up for a promotion at your current job and the employer does a background check on you, it is important that you know about your rights under the Fair Credit Reporting Act.
Any person who uses a consumer report for employment purposes must provide the consumer with a copy of the consumer report and a summary of rights BEFORE taking any adverse action based on information contained in the consumer report. An adverse action is defined by the FCRA as the “denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee.”
The purpose of providing this information is to give current or prospective employees the opportunity to discuss and clarify information in a background report with the employer before adverse action is taken. This purpose applies even when the report is entirely accurate, for then the consumer will still have an interest in trying to persuade the employer that the information in the report should not disqualify him or her from the employment opportunity. As the Seventh Circuit Court of Appeals explained: “Providing context may be more valuable than contesting accuracy … information that seems damning at first glance might not be so bad in context. A person with a spotted record might convince an employer to revisit its decision if she can explain what happened.”
If there is an inaccuracy in the report, this provides the consumer a chance to dispute the inaccurate information with the credit reporting agency that has provided the information to the employer. When an individual informs a consumer reporting agency of an inaccuracy, the consumer reporting agency must conduct a reasonable investigation at no cost to the individual within thirty days. Within 5 days of a consumer providing notice to the consumer reporting agency of inaccurate information, the consumer reporting agency must notify any source who provided the information in dispute with all relevant information pertaining to the dispute. If after reinvestigation the consumer reporting agency determines that the disputed information is inaccurate, incomplete, or cannot be verified, the consumer reporting agency must delete or modify the disputed information and promptly notify the source who provided the information that it has been deleted or modified.
YOUR RIGHTS IF A BACKGROUND CHECK IS DONE BY AN EMPLOYER
The FCRA requires an employer to provide a current or prospective employee with a pre-adverse action notice which contains a copy of the background report relied upon and a statutory summary or rights prior to taking an adverse action on that employee’s current or prospective employment.
Unfortunately, employers often do not follow this requirement. IF this has happened to you or someone you know, contact the Background Check Report Lawyers at our law firm for a FREE CONSULTATION.
Fowkes & Hasanbasic, Background Check Lawyers