
This means a one-time notice and authorization is sufficent to allow free company credit reports the employer to obtain reports at any time during employment. www.ftc.gov/os/statutes/fcra/james.free company credit reports shtm The requirement to get authorization may, however, be different under state law. In California, for example, notice and authorization is required "at any time before a report is procured." (California Civil Code Sec.
1786.16) The federal law free company credit reports has two significant loopholes.
First, if the employer does not use a third-party screening company but, rather conducts the background check itself, it is not subject to the notice and consent provisions of the FCRA. Second, the employer might tell the rejected applicant that its adverse decision was not based on the contents of the background investigation, but, rather that the job pool was so exceptional that it made its hiring decision based on the fact that there were individuals more qualified than the applicant. free credit reports scores In both of these situations, the applicant would not free company credit reports have the ability to obtain a copy of the background check to find out what negative information it contained. We have learned of situations where the individual remained unemployed for years, not knowing that wrongful criminal records which resulted free company credit reports from identity theft were the reason for the individual's failure to find employment. (Read "Identity Theft: The Growing Problem of free company credit reports Wrongful Criminal Records," www.privacyrights.org/ar/wcr.htm.) Recent amendments to California's "investigative consumer reporting" law have closed those loopholes. all three free credit reports California law now requires that individuals who are subject to employment screening are able to obtain a copy of the background check whether or not an adverse action has been taken. And applicants have the same rights to notice and consent whether the employer hires an outside company to conduct the investigation or does the background check itself. And now in California when an individual requests a copy of their report from the consumer reporting free company credit reports agency, the agency must explain their rights in a document written in both English and Spanish.
For more on employment background checks and your rights under the FCRA, see the Federal Trade Commission publication, Employment Background Checks and Credit Reports, www.ftc.gov/bcp/edu/pubs/consumer/credit/cre36.shtm 6.
FCRA Update: Workplace Investigations and Annual File Disclosures Recent amendments to the FCRA, known as the Fair and Accurate Credit Transactions Act of 2003 or FACTA, set a new standard for what FACTA calls "employee misconduct investigations." In addition, FACTA says job applicants and employees who have undergone an employment background screening covered by the FCRA may receive a free annual file disclosure from the company that performed the background check. getting your free credit report
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