1. Signed Release must be separate from employment application.
Please also note that this and all other drug screening, driving record and state release authorization forms are available in a PDF format file to our Automated Employment ScreeningClients. All of these FCRA compliant release documents may be e-mailed to the applicants and easily completed online.
2. There must be a clear and conspicuous disclosure that a report may be requested.
3.This must be provided in a “separate document.” The purpose is to prevent the disclosure being buried in an employment application.
4. Release must contain the following language:
“My signature below indicates I have received a Summary Of Rights in accordance with the Fair Credit Reporting Act.
5. Must send a preliminary notice of adverse action to applicant if employment is denied based on information contained in investigative consumer report/background check report.
6. Must send a copy of the investigative consumer report containing the adverse information along with the “Summary of Rights“ as prescribed by the FTC.
7. Must send a notice of adverse action within a “few” days after preliminary notice of adverse action is sent if no response from applicant.
8. California employers must include California’s Summary of Rights and New York employers must provide a copy of New York Correction Law Article 23A
9. Criminal record, if any, must be based on most current criminal record information available from county reporting such criminal record information, not information contained in a criminal record database.
10. The release signed by the applicant should contain language stating that an ‘”Investigative Consumer Report may be requested” if the employer wants its screening company to ask for information such as job performance, credit reports or any information other than just the verification of routine factual matters such as dates of employment.
11. File the applicant’s signed release and any copy of an investigative consumer report or background check separately from your personnel files in a secure location.
12. Retain all releases signed, copies notices sent and investigative consumer reports for a minimum of five years on applicants not hired and retain indefinitely on those you do hire.
Disclaimer 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.