Adverse Action Notification Procedures
Under the Fair Credit Reporting Act (FCRA), employers are required to take certain actions whenever they obtain a consumer report on a job applicant or employee. All background screening reports produced by outside vendors are classified as consumer reports and FCRA requirements include notification, certification and action before and after an adverse event.
If a hiring department relies on any part of the information from a pre-employment screening report obtained from an approved vendor to take "adverse action" (such as denying employment or reassigning or terminating an employee), they must contact Human Resources to ensure that appropriate notice will be provided to the finalist.
Before any adverse action is taken
Human Resources will forward a Pre-Adverse Action Notice to the finalist that includes a copy of the consumer report and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act".
The notice provides the candidate an opportunity to challenge the information provided in the report and take steps to correct inaccuracies or provide explanation. A final employment decision shall not be made by the hiring department until new information is gathered and considered or at such time that the finalist fails to respond as required.
When adverse action will be taken
Human Resources will forward an Adverse Action Notice to the finalist and the notice will include:
- the name, address, and phone number of the Consumer Report Agency (CRA) that supplied the report
- a statement that the CRA (vendor) supplying the report did not make the decision to take the adverse action and cannot give specific reasons for it; and;
- a notice of the individual's right to dispute the accuracy or completeness of any information the agency furnished, and his or her right to an additional free consumer report from the agency upon request within 60 days and to dispute with the CRA, the accuracy or completeness of any information in a consumer report furnished by the agency.
Not Hire Notice
The hiring department shall notify the finalist if a job offer will not be extended based on information received through reference checking or other standard pre-employment screening activities conducted by the department.
Human Resources will notify the finalist if a job offer will not be extended as a result of a criminal background check, DMV or other information obtained through the vendor.
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