The Fair Credit Reporting Act requires that an employer must:
1. Obtain your written authorization to access your background (or consumer) report; and
2. Provide you with a disclosure that it may use the background report for employment purposes.
Both of these requirements must be satisfied BEFORE the employer obtains the background report on you.
The FCRA allows the authorization and disclosure to be combined in a single document. However, other than the authorization itself, the disclosure document cannot include any additional information (e.g., releases of liability, indemnity clauses, waivers, etc).
If you believe an employer has obtained a consumer report about you without your authorization and/or without providing a stand-alone disclosure, you should contact the background report attorneys at Weiner & Sand LLC to discuss your rights.