We’ve all been in the position of putting ourselves out there in search of work, but few people consider what rights they possess as job seekers. While It’s perfectly common for employers to obtain and consider background information in the course of screening for new hires or when evaluating existing staff for promotion; these employment background checks will often yield otherwise confidential information to the requesting party. And since background checks might greatly impact the eligibility of job seekers for employment or career advancement, it’s important for employees and applicants to be aware of their rights under the Fair Credit Reporting Act (“FCRA”). Likewise, employers must understand their obligations under the FCRA in order to remain compliant with federal law while making their hiring decisions.
The FCRA is a federal law that protects the privacy and accuracy of consumer credit information. Essentially, it regulates the collection of your background information (commonly done by credit reporting agencies like Equifax) and outlines the obligations of those who seek to access that information, like employers. Your key rights under the FCRA are:
- To receive notification if any information in your file has been used against you as part of a hiring decision, and to be provided by the employer with the name and contact details of the credit bureau that collected said information in the first place.
- To dispute inaccurate or incomplete information in your file with the credit bureaus. The agencies must investigate these requests in good faith and make corrections.
- To have outdated or derogatory information removed after 7 years. You may need to initiate this process by submitting a request to the credit agencies.
- To know what information is in your file. The credit bureaus are required to each provide you with one free copy of your full credit report every year, but your file must be disclosed for free if an employer has made a hiring decision or otherwise taken adverse action against you based on the information contained therein.
If you have submitted a request to any of the credit agencies regarding corrections to your file and they have not responded in a timely manner, you may file a complaint with the Federal Consumer Financial Protection Bureau. For more information, visit their website here.
If you suspect your rights have been violated under the FCRA, you may consider contacting an experienced employment lawyer. We at Fernee Kelly Law represent employees whose rights have been violated and assist employers with ensuring proper compliance. Contact us today.
– CJR for the firm.