Just last month a class action lawsuit was filed in California against a technology company, alleging that it knowingly performed illegal background checks in violation of the provisions of the federal Fair Credit Reporting Act. Among other allegations, the plaintiff claims that the technology company didn’t notify him that they were going to do a background check on him, that he didn’t receive a “pre-adverse action notice,” that he didn’t give the technology company express permission to do the background check, and that he wasn’t given a reasonable opportunity to dispute the information contained in the background report. All of the foregoing actions are required by the Fair Credit Reporting Act. It is also alleged that the plaintiff wasn’t given “A Summary of Your Rights under the Fair Credit Reporting Act,” which is also required by the FCRA.
Put in simplest terms, employers have to tell job applicants that they intend to do a background check, and job applicants have to give the employer express permission to carry out the background check. There are more requirements, as noted above. So what’s the best course of action to help employers make sure they’re following the requirements of the FCRA? The best answer is to utilize the services of a professional pre-employment screening company who knows what they’re doing and can protect employers against failing to follow the steps required by the FCRA.