What Must an Adverse Action Notice after a Background Check Include?

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An adverse action notice tells the person that the employer acted on information in a background report. Under 15 U.S.C. 1681m(a), an employer that takes adverse action based in whole or in part on a consumer report gives oral, written or electronic notice of the action, along with these details:

The name, address and telephone number of the consumer reporting agency that furnished the report, including a toll-free number if the agency compiles and maintains files on consumers on a nationwide basis
A statement that the agency did not make the decision and is unable to provide the specific reasons for it
Notice of the right to obtain a free copy of the report from that agency, including the 60-day period for asking for it
Notice of the right to dispute the accuracy or completeness of any information in the report with the agency

Under 1681m(a)(2), if a numerical credit score was used in the decision, the employer also discloses that score and related information.

According to the EEOC and FTC publication Background Checks: What Employers Need to Know, the notice states that the person was rejected because of information in the report, names the company that sold the report and explains that this company did not make the hiring decision and cannot give specific reasons for it. This notice follows the advance steps covered in What Must an Employer Do Before Rejecting an Applicant over a Background Check?. How a person disputes the report is covered in How Can a Person Dispute an Error in a Background Check Report?.

In MyDrugTesting.com search results for Background Checks, a listing card can show a Visit Website button beside Show Phone.