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Four Basic Steps to FCRA Compliance Step 1: Disclosure & Written Consent. Before requesting a consumer or investigative report, an employer must: ... Step 2: Certification To The Consumer Reporting Agency. ... Step 3: Provide Applicant With Pre-Adverse Action Documents. ... Step 4: Notify Applicant Of Adverse Action.
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.
The FCRA requires any prospective user of a consumer report, for example, a lender, insurer, landlord, or employer, among others, to have a legally permissible purpose to obtain a report. Legally Permissible Purposes.
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.
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.?