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ARTICLE · 05 NOVEMBER 2018

Requesting A Background Check To Make An Employment Decision? Read This First.

Blank Rome LLP
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The Fair Credit Reporting Act provides federally-imposed limitations on all employers who seek information from a Consumer Reporting Agency about an applicant or employee for use in making an employment decision...

United StatesEmployment and HR
Thomas J. Szymanski
Thomas J. Szymanski

The Fair Credit Reporting Act ("FCRA") provides federally-imposed limitations on all employers who seek information from a Consumer Reporting Agency about an applicant or employee for use in making an employment decision, such as a hiring or promotion. The FCRA contains specific notice, authorization, and reporting requirements related to obtaining a Consumer Report, including credit reports and criminal background checks, and potentially taking an adverse employment action based on that information.

Requirements before you request a Consumer Report:

  • Notice

    • You must provide a stand-alone notice to an applicant or employee about whom you (1) intend to get a Consumer Report; and (2) may use the Consumer Report information to make an employment decision.

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