Many employers conduct background checks of job applicants. The Professional Background Screening Association (PBSA) puts the number at 90% of businesses and organizations in the United States. As a job candidate, what shows up on your background check matters.
The Fair Credit Reporting Act (FCRA) is a federal law that provides some key protections against unfair employer background checks. Here, our employer background check violation attorney offers a comprehensive overview of key things to know about your rights under the FCRA.
You Have the Right to Provide Written Consent Before a Background Check is Conducted
An employer cannot conduct a comprehensive background check—that being one that relies on consumer-based credit reports—without getting your authorization. Indeed, the FCRA requires businesses and organizations to obtain your written consent before conducting a background check. It is a legal requirement that helps to make sure that job applicants and employees are both aware of and agree to the screening process before it happens. Employers must provide a clear and conspicuous disclosure, separate from other employment documents.
Note: You can deny your consent for a background check. Though, if you do so, an employer could decline to offer you a position based on that fact.
You Have the Right to an Adverse Action Notice if the Employer makes an Unfavorable Decision
What happens if an employer decides that they do not want to offer a job applicant employment because of adverse information in their credit report? The answer is that the FCRA requires employers to notify the applicant of that fact—either in writing or orally. Most often, the notice will come in writing. The purpose of this requirement is to give you an opportunity to review the report and dispute any inaccuracies. As a best practice, employers should generally give an applicant a pre-adverse action notice to allow them to clarify issues and/or address inaccuracies. However, that is not required as a matter of law in all states.
You Have the Right to Credit Reporting Agencies and Third Parties Liable for Inaccuracies
If your background check contains errors, the FCRA grants you the right to dispute those issues and hold credit reporting agencies, third party furnishers (debt collectors), and third party screeners (background check companies) accountable. Indeed, through an FCRA claim, consumers have the right to hold the at-fault party legally responsible for the full extent of the damages that they suffered because of inaccurate information. Being passed over for a job based on a credit report error is legally actionable under the FCRA. While the employer may not be responsible, a credit reporting agency, creditor, debt collector, or background check company may bear fault.
Contact Our Employer Background Check Violation Attorney Today
At The Kim Law Firm, LLC, we help protect the rights of job applicants and employees who have had their rights violated in relation to an employment background check. If you have any questions about your options, please do not hesitate to contact us for a confidential consultation.
