New FCRA Summary of Rights Effective January 1, 2013

As you may know, employers who use third-party background checking services to obtain information (consumer reports) on applicants or employees must comply with the federal Fair Credit Reporting Act (FCRA). Examples of such consumer reports include criminal record and educational record checks and credit reports.

The FCRA prohibits employers from obtaining a consumer report for employment purposes unless the employer has made a clear and conspicuous written disclosure to the applicant or employee that it may obtain a consumer report for employment purposes and the applicant or employee has given written authorization for the employer to obtain the report. Also, the employer must provide the applicant or employee with a copy of the summary of rights under the FCRA that the federal government issues. Additionally, before an employer takes any adverse action against an applicant or employee based in whole or in part on a consumer report, the employer must give the applicant or employee certain information and documentation, including a copy of the summary of rights. 

The federal government recently revised the summary of rights. A copy of the updated summary is available on the Electronic Code of Federal Regulations government website.

Employers must use the revised summary of rights and discontinue using any previous versions of the summary of rights, as of January 1, 2013. If you have any questions, please contact any Faegre Baker Daniels labor and employment lawyer.