What to Know About FCRA Compliance

The Fair Credit Reporting Act, or the FCRA, is a federal law that was enacted in 1971. It was originally designed for consumers to receive help resolving inaccuracies in their credit reports.

        The range of the FCRA was expanded in 1996 to include: background checks for employment screening. It is mandatory for an employer using a third party to conduct background checks under the FCRA compliance.

        The FCRA compliance was made to protect the consumer. Employers that use background reports and Consumer Reporting Agencies, also known as background screening companies are regulated by the FCRA. The FCRA is relevant when an employer obtains a background check for employment from a third party. Background checks include things such as: criminal history, employment verification, education verification, reports on motor vehicles, health care sanctions and professional licenses. The employer and background screening company must have compliance with the FCRA.

        It is highly important that an employer must disclose that they will be doing a background check and they must have written authorization. There are strict adverse action procedures that they must follow if they make an employment decision based on negative information in the report. According to the Consumer Reporting Agency, they must have compliance in procedures that make sure reports are as accurate as possible, while following all state and federal reporting guidelines.

     Here are terms to know to understand more about the FCRA:

The Consumer Report. This is a background report aka a background check that contains factual information of dates of employment, criminal records, and driving history.

The Investigative Consumer Report. This is a background report that includes information obtained through personal interviews that discuss employment performance such as a  personal and/or professional reference check.

The Consumer Reporting Agency, (CRA),  which is where the background screening company prepares the background report.

The Consumer – Which is the person who is the subject of the report.

The User – The person who is requesting and using the background report.

Disclosure – The document used to inform the consumer that they may be subject to a background report.

Authorization – The document signed by the consumer in which they authorize preparation of the background report.

Adverse Action – The process followed by an employer when considering a negative employment decision based on the background report.