FCRA Notices & Forms – Employment
Resources to help employers understand and manage important Fair Credit Reporting Act requirements when using consumer reports for employment purposes.
Employers that obtain background screening reports from a consumer reporting agency must comply with the federal Fair Credit Reporting Act (FCRA), along with applicable state and local requirements.
POEknows provides the forms and resources below as a convenient starting point for clients using consumer reports for employment screening.
Employment Background Screening & the FCRA
The FCRA establishes requirements governing how consumer reports are obtained and used for employment decisions. Employers should establish appropriate procedures for disclosure, authorization, use of screening information and adverse-action notices.
Disclosure & Authorization
Before obtaining an employment background report, employers generally must provide the applicant or employee with the required disclosure and obtain written authorization.
Pre-Adverse Action
Before taking an adverse employment action based in whole or in part on information contained in a consumer report, applicable FCRA procedures must be followed, including providing required information to the applicant or employee.
Adverse Action
If an employer ultimately takes adverse action based in whole or in part on information in the consumer report, the employer must provide the required adverse-action notice.
Employment FCRA Forms & Notices
Use the resources below to access commonly used notices and forms related to employment background screening.
Summary of Consumer Rights
Information explaining a consumer’s rights under the Fair Credit Reporting Act.
Disclosure & Authorization
Employment disclosure and authorization documentation used in connection with requesting a consumer report.
Pre-Adverse Action Letter
Documentation for use during the pre-adverse-action process when information contained in a consumer report may affect an employment decision.
Post-Adverse Action Letter
Documentation for use when an adverse employment decision is made based in whole or in part on information contained in a consumer report.
Notice to Users of Consumer Reports
Information concerning the responsibilities of organizations that use consumer reports.
Notice to Furnishers of Information
Information concerning responsibilities associated with furnishing information to consumer reporting agencies.
Compliance Is More Than a Form
Forms are only one part of an effective employment screening process. Employers should understand when disclosures, authorizations and notices are required and establish consistent procedures for obtaining and using background information.
State and local laws may impose requirements or restrictions in addition to federal FCRA requirements. Employers should review the requirements applicable to their organization and locations.
POEknows can assist clients with understanding the screening process and the resources available for their employment screening programs.
Important Employment Screening Steps
- Provide appropriate disclosure before obtaining a report.
- Obtain the applicant’s or employee’s authorization.
- Apply screening policies consistently.
- Follow applicable pre-adverse-action procedures.
- Provide required adverse-action notices.
- Protect sensitive applicant and employee information.
- Review applicable federal, state and local requirements.
Additional FCRA Information
Employers should consult current government resources and appropriate professional or legal guidance when establishing or reviewing their employment screening procedures.
Questions About Employment Screening?
Talk with POEknows about your organization’s employment background screening needs and available screening services.
