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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.?
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.
As an employer, it's important to comply with the Fair Credit Reporting Act (FCRA) to ensure the fair obtainment of consumer reports. The FCRA provides guidelines for compliance which is helpful when hiring new employees or promoting or reassigning current employees.
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.