After waiting a \u201creasonable\u201d amount of time (not specified by the statute or the CFPB), advise the applicant\/employee of the adverse employment action. We recommend at least 5 business days. The letter must explain the adverse action, provide the name and contact information for the consumer reporting agency, state that the consumer reporting agency did not make the decision to take the adverse action and will not be able to provide an explanation for the action, state that the individual has the right to request a free copy of the report from the agency within 60 days, and state that the individual has the right to dispute with the agency the accuracy or completeness of the information in the report.<\/li>\n<\/ol>\n\n\n\nAdditional Requirements for Investigative Consumer Reports.<\/strong><\/p>\n\n\n\n\n- Sometime before but not later than three days after requesting a report, provide the applicant\/employee with written disclosure that an investigative consumer report may be obtained. Note that this requirement is satisfied by the initial disclosure\/authorization form referenced above, which is provided to the applicant\/employee before requesting the report.<\/li>\n\n\n\n
- The disclosure must include a statement that the investigative consumer report may include information about the individual\u2019s character, general reputation, personal characteristics, or mode of living.<\/li>\n\n\n\n
- The disclosure must inform the applicant\/employee of his\/her right to request a complete and accurate disclosure of the nature and scope of the investigation.<\/li>\n\n\n\n
- The disclosure must also inform the individual that the employer is required to make a written disclosure of the nature and scope of the investigation within five days after receiving the individual\u2019s request for disclosure or the date the employer requests the investigative consumer report, whichever is later.<\/li>\n\n\n\n
- With the disclosure, provide a summary of rights as contained in the CFPB publication entitled \u201cA Summary of Your Rights Under the Fair Credit Reporting Act.\u201d<\/li>\n\n\n\n
- Certify, to the entity providing the report that the Company has and will comply with all notice and disclosure requirements for investigative consumer reports, and further certify that the Company will disclose the nature and scope of the investigation to the individual upon request and within the required five-day period.<\/li>\n\n\n\n
- Upon written request by the applicant\/employee made within a \u201creasonable time,\u201d provide complete written disclosure of the nature and scope of the investigation that was requested, within the five-day period noted above.<\/li>\n<\/ol>\n\n\n\n
Special Rules for Employee Investigations. <\/strong>If an employer uses a third-party consumer reporting agency (such as a human resources consulting firm that regularly does investigations) to conduct an investigation into suspected employee misconduct, or compliance with laws, regulations or the employer\u2019s policies, the employer does not need to provide the notices and disclosures or obtain the authorization described above. However, the employer must provide a summary describing the nature and scope of the investigation to the employee if adverse action is taken based on the investigation.<\/p>\n","protected":false},"excerpt":{"rendered":"In another non-employment case with employment impact, the U.S. Supreme Court reiterated that only a plaintiff who has suffered concrete harm may bring suit for damages under the Fair Credit Reporting Act (FCRA) \u2013 the federal law governing background checks, including for employment purposes. Nonetheless, this case serves to remind employers of the need to …<\/p>\n","protected":false},"author":1,"featured_media":563,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","content-type":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[2],"tags":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/forework.com\/wp-content\/uploads\/2022\/12\/blog15.jpeg","_links":{"self":[{"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/posts\/562"}],"collection":[{"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/comments?post=562"}],"version-history":[{"count":1,"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/posts\/562\/revisions"}],"predecessor-version":[{"id":564,"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/posts\/562\/revisions\/564"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/media\/563"}],"wp:attachment":[{"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/media?parent=562"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/categories?post=562"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forework.com\/wp-json\/wp\/v2\/tags?post=562"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}