Ive been given advice not provide employment references, and to give only title and dates of employment. Why?
This is common advice from those knowledgeable about state employment law, yet who are not as experienced in the employment-related use of the Fair Credit Reporting Act (FCRA), a provision of federal law. The FCRA is the foundation for our program and provides immunity from prosecution. If proper procedures are followed and the client understands their responsibilities, the FCRA provides protection. Any legal causes of action will be heard in federal court, not state court, which has been a disincentive for potential lawsuits to be filed. A challenge to the use of our termination reasons as part of pre-employment screening has not been successful.
