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Authorization / Disclosure to Run a Background Report

The Fair Credit Reporting Act requires that an employer must:

1.  Obtain your written authorization to access your background (or consumer) report; and

2.  Provide you with a disclosure that it may use the background report for employment purposes.  

Both of these requirements must be satisfied BEFORE the employer obtains the background report on you.

The FCRA allows the authorization and disclosure to be combined in a single document.  However, other than the authorization itself, the disclosure document cannot include any additional information (e.g., releases of liability, indemnity clauses, waivers, etc).

If you believe an employer has obtained a consumer report about you without your authorization and/or without providing a stand-alone disclosure, you should contact the background report attorneys at The Weiner Law Firm LLC to discuss your rights.

 

The Weiner Law Firm LLC

Despite the fact that most employees are at-will employees, they do have rights under federal and state laws that cannot be violated. If you believe your employer has discriminated against you, harassed you, withheld wages that are owed to you, or violated your rights with respect to a background report, please contact us.

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Even if you are not sure of the law and whether your employer violated your rights, we would be pleased to discuss your concerns with you. There is no charge to learn your rights.