Just be honest with applicants. The Fair Credit Reporting Act (FCRA) states that when you use information in a background investigation that, in whole or in part, causes you to make an adverse employment decision you must follow the Pre-Adverse notification steps. You as the prospective employer are required to send a Pre-Adverse Action Letter […]

FCRA notifications are important because non-compliance can cost money – lots of money. In this case the Defendant agreed to establishing a fund of $2.5 million. Each claimant can receive up to $75. This company pays the price of non-compliance with some basic requirements of the Fair Credit Reporting Act. Top Class Actions Website reports […]

Review your FCRA Disclosure and Authorization process so your firm doesn’t wind up getting sued like Walmart. This class action lawsuit RANDY Pitre vs Wal-Mart Stores Failure to follow FCRA alleges that Walmart violated provisions of the Fair Credit Reporting Act in not providing an adequate disclosure and failing to provide a summary of rights. […]

Indiana enables employers to use criminal history and prohibits local Ban the Box Laws Indiana brings some order to the chaos surrounding the use of criminal history information by employers in the employment process. Basically the state prohibits any political subdivision from passing laws that prohibit an employer from using criminal history information to the […]

A good business practice is to consult competent legal counsel BEFORE encountering legal issues. This consultation should include a review of your Disclosure/Authorization forms for obtaining background investigation reports from a consumer reporting agency. On April 28, 2017, the Federal Trade Commission (FTC) issued a blog article entitled “Background checks on prospective employees: Keep required […]