Employers who make hiring or firing decisions after conducting a background check must comply with the requirements of the Fair Credit Reporting Act.
If you have any questions about your rights regarding background checks, contact our Ohio background check attorneys.
Many employers use background checks as part of their hiring/application process, as well as to make decisions whether they should retain employees. Although employers have every right to perform a background check on potential employees or current employees, they must follow specific requirements under the Fair Credit Reporting Act (“FCRA”).
If an employer is going to run a background check, they must clearly disclose their intention to do so and obtain authorization from the applicant or employee. Even the form of the disclosure and authorization have requirements under the FCRA.
Next, if the employer may take an adverse employment action based on the information contained in the background check (termination, revocation of an offer of employment, declination of employment, etc), they must give the applicant or employee a copy of the background check with a copy of the Summary of Rights under the FCRA.
Finally, if the employer takes an adverse action based on the information in the background check, the employer must provide the employee with notification of its decision and make other disclosures, including 1. the name, address, and phone number of the consumer reporting agency that supplied the consumer report; 2. a statement that the consumer reporting agency that supplied the information did not make the decision to take the adverse employment action; and 3. a notice of the applicant or employee’s right to dispute the accuracy or completeness of any information in the consumer report and to get an additional free report from the consumer reporting agency that supplied the consumer report if the applicant requests it within 60 days.
Employers often do not follow the strict requirements of the FCRA. If you have not been hired, been fired, had an offer revoked, or otherwise been adversely affected by an employer performing a background check, you should consult with our Ohio background check attorneys. We are happy to provide a FREE consultation at 1-614-949-1181 with our Ohio background check attorneys.