Fair Credit Reporting Act
When it comes to background checks, job applicants and current employees have been granted substantive rights in how this information is obtained and used. The Fair Credit Reporting Act, or FCRA, imposes strict procedural requirements that an employer must follow before and after performing a background check on job applicants or current employees. Prospective or current employees must be informed in writing that a background check is being performed and the prospective or current employee must grant the employer express written authorization to do so.
Once a background check is performed, before taking any adverse action based on the background check, the employer must provide the job applicant or current employee with a copy of the report and a description, in writing, of the job applicant or current employee’s rights under the Fair Credit Reporting Act.
If an employer fails to follow these procedural requirements, the employer may be liable to the job applicant or current employee for lost wages, statutory damages, and/or punitive damages.
Regardless of the accuracy of the results of the background report, the job applicant or current employee has the right to provide context to the results of the background check and/or present his or her side of the story. This right is enforced by the FCRA and vindicated by your local employment law attorneys. The above requirements are not comprehensive; please contact Mansell Law employment attorneys for a free consultation on whether the background check performed on you was in compliance with the FCRA.