How does the federal “Fair Credit Reporting Act” apply to criminal history record checks?
When an organization uses a third-party vendor to conduct criminal history record checks, the resulting report is considered a “consumer report” as defined by the Fair Credit Reporting Act (FCRA). Under the FCRA, employers have specific responsibilities and applicants have specific rights. Briefly, these include: • Employers must provide written notification that a background check will be performed. • The applicants must give written permission for the record check to be performed. • If disqualifying information is included in the report from the vendor, before you take adverse action, you must give the individual a pre-adverse action disclosure that includes a copy of the individual’s consumer report and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” — a document prescribed by the Federal Trade Commission. The vendor that furnishes the individual’s report will give you the summary of consumer rights. • After you’ve taken an adverse action, you must give the
