Before taking any adverse action based in whole or in part on a background report, an employer gives the person two documents. Under 15 U.S.C. 1681b(b)(3)(A), the employer provides a copy of the report and a description in writing of the person's rights under the FCRA, as prescribed by the Consumer Financial Protection Bureau (CFPB).
According to the EEOC and FTC publication Background Checks: What Employers Need to Know, adverse action includes not hiring an applicant or firing an employee. The publication describes the documents as a notice that includes a copy of the consumer report the employer relied on and a copy of the FCRA summary of rights, which the employer should have received from the company that sold the report.
The publication also explains the purpose of the advance notice. It gives the person an opportunity to review the report and explain any negative information before the employer acts.
A different rule applies to some transportation jobs. Under 1681b(b)(3)(B) and (C), when a person applies by mail, telephone, computer or other similar means for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service under 49 U.S.C. 31502, or a position subject to safety regulation by a State transportation agency, and, as of the time the employer procures the report, that has been the only interaction between the person and the employer in connection with the application, the employer gives an oral, written or electronic notification within 3 business days of taking the action. This notification replaces the advance notice and the notice under 15 U.S.C. 1681m(a). The notice after adverse action is covered in What Must an Adverse Action Notice after a Background Check Include?.
Background Checks results in the MyDrugTesting.com directory also include some TPAs, labs and collection sites.
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