The Commencement of the FCRA’s Adverse Action Process
Service : Compliance Services
Question: When does the Fair Credit Reporting Act (FCRA)’s adverse action process begin to apply?
Response & Analysis:
The FCRA’s adverse action process begins to apply as soon as you receive any information from a consumer reporting agency (CRA) that could be used in an employment decision.
Employers often order consumer reports with several parts or components, such as criminal searches, employment verifications, credit checks or a number of other possible applicant screening services. When an employer orders a consumer report that consists of several components, some of those searches or verifications may return results sooner than others. Some CRAs allow employers to view the results of individual components of the consumer report as they are completed even though the report as a whole is not yet complete.
Thus, anytime an employer is going to use any information received from a CRA—either in whole or in part—to make an employment decision, the employer must follow all FCRA requirements, including the pre-adverse and adverse action notification processes.
All Rights Reserved © 2017 Truescreen, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!
I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.
Our team loves working with Truescreen and the expedient, thorough service and results we get from you.
I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.