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FAIR CREDIT REPORTING ACT (FCRA)
Discussion
FCRA governs the use of third party credit reporting agencies to
investigate the background of applicants for employment and imposes
notice requirements for employers as well as monetary penalties for
failure to comply with its provisions. Employers are required to take
certain actions whenever they obtain a consumer credit report on a job
applicant or employee. These include notification, certification, action before and
after an adverse event.
In September 1997, FCRA was amended to include employment
background checks. A background screening report is classified as a
consumer report or investigative consumer report. NPC's that
proceed with background checks must certify that it is for a lawful
purpose under FCRA and each applicant must agree to the screening in
a signed authorization naming the employer and the provider of the
report. The applicant is entitled to challenge the
accuracy of the report through a complaint resolution program.
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