The FCRA’s 4 key steps
Employer Certification – Prior to receiving a consumer report (background report). An employer must first certify to Inquirehire in writing that the employer will follow several steps set forth in the FCRA.
- Use the information for employment purposes
- Will not use the information in violation of federal or state equal opportunity law
- Obtain necessary disclosures and written authorization
- Provide proper notices in the event adverse action is taken based in whole or in part on the background report
- Provide additional information required under the FCA if an Investigative Consumer Report is needed
Disclosure & Written Release – Before a background report is requested, the employer must disclose that a background report may be requested. The employer must then obtain the applicants written consent.
Pre-Adverse Action – If an employer intends not to hire an applicant based on the report, before taking any action the employer must provide a Pre-adverse action notice along with copy of the report and a copy of Summary of Your Rights Under the Fair Credit Reporting Act.
Adverse Action – Once the Pre-adverse action is sent to the applicant, and the employer intends to make a final decision not to hire, the employer must send a Notice of Adverse Action.