Most employers who include credit checks in their hiring process utilize a third - party company that performs the reviews and manages the process
of adverse action disclosures and notices.
Not exact matches
You are entitled to a free file
disclosure if: a person has taken
adverse action against you because
of information in your credit report; you are the victim
of identity theft and place a fraud alert in your file; your file contains inaccurate information as a result
of fraud; you are on public assistance; and / or you are unemployed but expect to apply for employment within 60 days.
Users must certify that it has a permissible purpose, that every individual who is screened has given consent in the form
of a written authorization and
disclosure before running the background check, and that the user will follow the
adverse action process.
This notification must be sent to the applicant before
adverse action is taken AND you must provide the individual with a pre-
adverse action disclosure that includes a copy
of the individual's background report and a copy
of the FTC document, «A Summary
of Your Rights Under the Fair Credit Reporting Act.»
Each
of these suits involves a complex web
of legal issues and accusations — one involving an alleged failure to follow
adverse action notification protocol that resulted in an expunged criminal record being used against a prospective employee; another revolves around the alleged misuse
of background screening
disclosure and authorization forms and reporting
of background information that is not legal for a background check company to report (resulting in
adverse action against a hopeful applicant); and the third was news
of a $ 18.6 M settlement over the use
of unverified criminal database research.
Employers must provide certain notices and
disclosures to a job applicant or employee, (i) prior to requesting a screening report; (ii) when information in the report could potentially affect eligibility for employment; and (iii) if
adverse action will be taken due to the results
of the background check.
Employment Screening Resources (ESR) founder and CEO Attorney Lester Rosen has written an article — «Complying with the Fair Credit Reporting Act in Four Easy Steps» — that describes the certification, release and separate
disclosure, pre-
adverse action notice, and
adverse action notice requirements
of the FCRA.
Trak - 1 offers you sample applicant authorization and
disclosure forms,
adverse action letters, regulatory enforcement letters, summaries about your obligations and same - day in - system advisories and updates about what is happening in the world
of screening.
It means that your obligations for volunteer screening are the same as those for employment screening — specifically you must have proper authorization and
disclosure forms and you must follow the two - part
adverse action notification process any time you refuse to allow someone to volunteer altogether or even place restrictions on the types
of volunteer opportunities available to any individual.