Fair Credit Reporting Act
Information Concerning the Fair Credit Reporting Act
Read and directly download a PDF of A Summary of Your Rights Under the Fair Credit Reporting Act".
As a user of the SOR and CBC data, you are subject to the KeepnTrack Data Source Requirements (DSR) as documented HERE and in your Service Agreement.
As an employer relying on a third party to run background checks on job candidates or existing employees, you must follow the federal Fair Credit Reporting Act (FCRA). If you have any questions, consult qualified counsel.
Permissible Purpose—Ensure you are only ordering background checks for employment purposes. "Employment" is a broad category that includes hiring, retention, promotion, transfers, and can include volunteers, contractors, visitors, etc.
Disclosure—Inform the consumer that a SOR or CBC may be obtained as a condition of employment or entering your facility. The KeepnTrack online Volunteer Application includes a Disclosure form in addition to the Application form. Consult your qualified counsel on how to properly perform disclosure for your facility.
Authorization—Before ordering a CBC, obtain written consent from the individual that a consumer report can be obtained now and throughout the term of employment. The KeepnTrack Online Volunteer Application includes a consent statement as part of the Disclosure Form.
Certifications—As the "end user" of consumer reports, your KeepnTrack Service Agreement certifies the following to the screening firm:
- You will only obtain background checks for permissible purpose (employment).
- You will make clear disclosures to and obtain consent from consumers before using the SOR or CBC services in KeepnTrack.
- You will not use the consumer report in violation of any federal or state equal opportunity laws.
If you make a negative employment decision based on information on the report, you will properly follow adverse action procedures, as outlined below.
What is an Adverse Action?
Adverse Action—If adverse information on a report is used by you to make a negative employment decision, you must take the following actions before rescinding an offer of employment or terminating an employee.
Remember, taking adverse action involves a two-prong notification process:
1 | In a written, oral, or electronic pre-adverse notice, inform the consumer of:
- The name, address, and telephone number of the background screening company that assembled the report.
- The fact that the background screening firm did not make the adverse decision and cannot explain why the decision was made.
- His/her right to a free file disclosure if a request is made to the screening firm within 60 days.
- His/her right to contact the screening company directly to dispute inaccurate or incomplete information on the report. An online Dispute form is available HERE.
2 | Once the pre-adverse notice is sent, allow the consumer 5 days to contact the screening company to dispute the report. After 5 days, if you do not hear from the consumer or the background check provider, proceed with your final employment decision.
However, if the consumer disputes information on the report, the screening firm will perform a reinvestigation that must be completed within 30 days and at no cost to the consumer. The screening company must update you and the consumer of the reinvestigation results. If and when making a final adverse decision, you must send the consumer a final adverse notice.