Denied Employment

  • The Fair Credit Reporting Act “FCRA”
    • The FCRA provides consumers rights regarding what an employer can and cannot do when obtaining a background check on you. The legal term for background check used by Congress is “consumer report”. There are many forms of information that may be included in a consumer report. Examples of information commonly found in your consumer report
      • Employment history
      • Credit history
      • Education history
      • Address history
      • Criminal history

What must an employer do before obtaining my background check

  • Before an employer obtains a copy of your background check the employer must first provide you a disclosure form. The disclosure form must inform you the employer will obtain a background check on you for employment purposes. This disclosure form must be separate from other forms of information, especially your employment application or any release of liability.
  • The employer also must obtain an authorization from you that permits the company to obtain a background check for employment purposes.

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What must an employer due to fire or deny me the job because of something related to my background check

  • Before an employer may take adverse action (deny you the job, fire you, etc…) against you that is based in whole or in part on information contained within the background check the employer must provide you notice of the action, a copy of the background check, a copy of the FCRA Summary of Rights, and three to five business days to contest or explain the information contained within the background check.

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