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Denied a job because of a background report, and denied access to the background report?

Posted by Andrew Weiner | Dec 01, 2015 | 0 Comments

An employer who runs a background report on an applicant for employment must comply with certain requirements under the Fair Credit Report Act.  One of the most important requirements is the provision of a pre-adverse action notice to the applicant if the employer is going to deny employment based on information in the background report.

The FCRA requires an employer to provide two notices to an applicant when taking an adverse employment action based on information in a background report, even if the information is absolutely correct. The first notice is called a “pre-adverse action notice,” which includes a copy of the background report and a summary of your rights under the FCRA. The purpose of the pre-adverse action notice is to allow the employee/applicant an opportunity to clear up any misstatements in the report and to address any misunderstandings the report may have created in the employer's mind. For this reason, the pre-adverse action notice must be provided to the employee/applicant BEFORE the employer takes the adverse employment action. The second notice is called the post-adverse action notice, which must include a statement of the adverse action taken, the identity of the consumer reporting agency, and other additional information. 

If you've applied for a job, the employer ran a background report, and it simply called you, told you in person, or emailed you that it could not move forward with employment because of the background report, but did not give you a copy of the report, then your rights under the FCRA may have been violated.  If this has happened to you, please contact the background check attorneys at The Weiner Law Firm LLC for a free consultation to learn your rights.

About the Author

Andrew Weiner

Andrew Weiner has represented and counseled clients in numerous areas of employment law, including race, gender, national origin, age, and disability discrimination claims, wage and hour disputes, retaliation and harassment claims, Fair Credit Reporting Act (background report) claims, common law tort claims, the development and implementation of employment contracts, employee handbooks, personnel policies, reductions-in-force, independent contractor agreements and compliance with Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and other federal, state and local employment statutes. Andrew also has negotiated severance agreements, employment contracts, non-compete agreements, and confidentiality agreements.


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