Adverse Action Based On Background checks
Employment screening services are not intended to prevent people from getting a job. Rather, they are a tool to help employers hire the best and most suited employees.
The purpose of these employment screening regulations is to help make sure that people are not denied employment based on false, erroneous information or information precluded by law.
Just as no applicant would want to be denied a job for the wrong reasons, no business would want to miss hiring a good employee based on inaccurate information.
We do not generate records. We research and report the records provided to us by various local county, state and Federal records repositories. We can not change records maintained by the record providers.
However, if an applicant truly believes information provided by these entities is inaccurate, they will find us eager to assist them in getting it corrected. The applicant may need to supply documentation to the entity reporting the disputed information. All documentation an may have such as court documents could be very helpful.
After all, our real job is helping employers hire the employees they want.
To dispute a report: Click Here
Please note that online interaction between employers and applicants must comply with all provisions of the FCRA.
The FCRA has strict requirements concerning denying employment based on information employers receive in a employment background check from a Consumer Reporting Agency (CRA) such as an employment screening services company.
Preliminary Notice Of Adverse Action
Prior to taking any adverse action, based at least in part on information obtained from a consumer reporting agency, the employer must provide the applicant the following:
A preliminary notice of the adverse action
A copy of the report.
A summary of the applicant’s/employee’s rights (FCRA version).
Employers must provide the applicant/employee time to review/dispute the report.
Most companies allow at least 5 business days for the applicant to review and dispute any information contained in the employment background check or employment credit report which the applicant deems to be incorrect.
For a sample preliminary notice of adverse action: Click Here
Adverse Action Notice
After any adverse action such as denial of employment is taken, based on information the employer obtained from an investigative consumer reporting agency (CRA), the user (Employer) of the investigative consumer report must notify in writing the applicant or employee against whom the adverse action has been taken.
Notices of adverse action must include the name, address, and telephone number of the agency that provided the report (include a toll-free number if the agency is a nationwide CRA).
A statement that the agency did not make the adverse decision and is not able to explain why the decision was made.
A statement of the applicant’s/employee’s right to obtain from the agency, at no charge, the information in the applicant’s/employee’s file if the applicant/employee requests the report within 60 days.
It must also include a statement of the applicant’s or employee’s right to dispute directly with the agency (CRA) the accuracy or completeness of any information provided by the agency.
For a sample notice of adverse action: Click Here
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None of the information contained in this web site should be construed as legal advice.
All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.
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