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The FCRA For ?Employment Purposes? Employers are required to both disclose their intention to obtain a consumer report and obtain written consent from applicants or current employees prior to requesting a consumer report.
Employer responsibilities before taking adverse action First, you must provide the candidate with a pre-adverse action notice. You must include a copy of the consumer report that you obtained and a copy of the document ?A Summary of Your Rights Under the Fair Credit Reporting Act.?
Anytime an employer requests a ?consumer report? on an applicant or employee, obligations under the FCRA are triggered. Consumer reports can include a broad range of categories, including driving records, criminal records, credit reports, and other reports from third parties, such as drug tests.
Complying with the FCRA Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment. ... Get written permission from the applicant or employee. ... Certify compliance to the company from which you are getting the applicant or employee's information.
The FCRA allows employers to use third-party employer verification companies to perform checks for certain permissible purposes, such as conducting screenings on candidates or employees.