Two-Step Process by the FCRA
The FCRA adverse action dictates that employers must follow a two-step process when considering denying employment:
- Notice of Pre-Adverse Action
- Notice of Final Adverse Action
Employers must complete step 1 and allow the applicant time to respond before continuing to step 2.
Employers who conduct employment background checks, also known as consumer reports, as part of the employment process, which includes hiring, promotion, and retention, must comply with Federal law requirements under section 604 of the Fair Credit Reporting Act (FCRA).
Before rejecting a job applicant, denying a promotion or terminating an employee based in whole or in part on information obtained in an employment background check, companies are obligated under the FCRA to follow a two-step process. This process provides applicants/employees the opportunity to review and dispute information in the report if they so choose.
Further information
For more information about additional rights, visit the Consumer Financial Protection Bureau website.
Learn more about the Consumer Reports Section 604 (b) of the FCRA document.
Compliance failure by a user of pre-employment screening reports may place that user’s company in violation of federal law and at risk for legal action at the federal level.