The Fair Credit Reporting Act (“FCRA”) protects applicants for employment from the unauthorized use of a background check by potential employers. Before employers can obtain or use a background report, the employer must give you a stand-alone disclosure of your rights and get your written authorization. The disclosure and authorization form must strictly follow the government guidelines and regulations.
Additionally, before a potential employer can refuse to hire you because of information on a background report, the employer must give you a summary of your rights and a copy of the background report. You should be given at least 5 days to review the information before the employer can reject you.
Failure to follow these rules can subject an employer to statutory and punitive damages.
If you have been requested to sign an improper disclosure form (form also contains a release) or denied employment without being given a summary of your rights or a copy of the background report, please contact me to discuss your options.