FTC Issues Guidance For Employment Background Screening

On April 28, the Federal Trade Commission published a blog entitled "Background Checks on Prospective Employees: Keep Required Disclosures Simple."  In this online publication, the FTC issued guidance to employers on how to comply with the Fair Credit Reporting Act if they intend to use a consumer report (commonly referred to as a background check) on a prospective employee.  This guidance included the following: 

Disclosure

Prior to getting a background check, an employer must disclose to the applicant that the employer intends to get a background check.  It must also obtain the applicant's written authorization to do so.  The FCRA requires this disclosure to be clear and conspicuous, consisting solely of the disclosure that a background check will be procured.