Improper Background Checks
The Fair Credit Reporting Act (FCRA) regulates how background checks or consumer reports are conducted for employment. It is common for employers to request detailed background checks and reports on job applicants or current staff.
Applicants and employees are frequently notified when their reports are pulled. Sometimes, they only find out when their employer informs them that an offer of employment has been rescinded or they have been terminated. This is why it's essential for employers to understand the FCRA and its regulations.
The FCRA requires that employers who wish to use a third-party provider for background checks to provide written notification and obtain written consent from the applicant or employee. They must also inform them of their right to receive a copy of the report before any adverse action is taken. The FCRA requires that employers provide a summary of the individual's rights under the law if an adverse action such as denying employment or promotion is taken based on information from the report.
Moreover, employers must inform individuals of any pending charges, lawsuits, or other proceedings that could be reported in their background checks. All employers should have a procedure in place for ensuring FCRA compliance when conducting background checks. This process should include training for staff and communication with the applicant or employee about their rights under the law.
If you feel that your rights have been violated, or your employer has acted improperly with regard to your background check, consulting an attorney can help you understand your options and ensure that your rights are upheld. We at Dooley Gembala have extensive experience working with individuals who have been adversely disadvantaged by improper background checks, and we understand the importance of protecting your rights.
Attorney Contacts:
Action Against CRAs
In certain cases, we may be able to pursue legal action against the Consumer Reporting Agency (CRA) that provided your background report. CRAs may not grant access to the report of an unauthorized party or fail to remove old data, and if your rights have been violated in any way by your employer, we can help by pursuing legal action. Our attorneys will provide you with the resources necessary to ensure that the CRA is held accountable for its actions.
Free Consultation
At Dooley Gembala, we offer a free consultation to evaluate your background check dispute and discuss your options. We understand the stress and frustration that can come with dealing with background check disputes, and we are committed to providing you with the guidance and representation you need to protect your rights.
What is the FCRA?
The Fair Credit Reporting Act (FCRA) is a federal law that regulates how consumer credit information can be used. It requires employers to get written authorization from job applicants and employees before obtaining their background reports as well as informing individuals of their right to access and dispute the accuracy of their reports. Information may not be provided to anyone who does not have a purpose stated in the Act.
If an employer does not comply with the FCRA, individuals can file a complaint with the Federal Trade Commission or take legal action. In either case, employers may face fines and other penalties for the usage of improper background checks. Employers must also remember that their policies should be compliant with local laws, as some states have even more stringent requirements than the FCRA.