[IASHRM] FCRA-declining candidates

[Rebekkah Dorhout--USA Background Search]

Ashley,

According to the Fair Credit Reporting Act, you as an employer are required
to provide the candidate with a copy of the report. Then they have the right
to dispute the findings on that report. Normally an employer will send out a
pre-adverse action letter to the candidate with the copy of the report
(saying that there is a possibility of adverse action based on results
obtained in the verification report).  Then the employer should wait a
reasonable, unspecified, length of time for the consumer to contest the
report should he/she decide to do so (most companies allow 5-7 business
days). Then once a decision has been made (to hire or not), you must send an
Adverse Action letter. In this letter you must state the adverse action has
been taken based on a consumer report and provide the  1. Name, address, and
phone number of the reporting agency, 2. a statement that the agency did not
decide to take adverse action, and is unable to provide the consumer with
the specific reasons for the action, and 3. a notice of the consumer’s right
to obtain within 60 days a free copy of the report (which he/she’s already
received before the decision) and to dispute the accuracy or completeness of
any information in the report. 

 

We have all three of these resources at our website
www.usabackgroundsearch.com <http://www.usabackgroundsearch.com/>  under
Resources and FCRA. 

Hope this helps!

 

 

Rebekkah Dorhout

Website Manager

USA Background Search

www.usabackgroundsearch.com <http://www.usabackgroundsearch.com/>  

Ph: 515-292-5777

Fax: 515-232-1078

 

 

 

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From: iashrm-bounces at list.iashrm.org [mailto:iashrm-bounces at list.iashrm.org]
On Behalf Of Ashley Buck
Sent: Monday, March 12, 2007 1:45 PM
To: iashrm at list.iashrm.org
Subject: [IASHRM] FCRA-declining candidates

 

What is the employer’s obligation when declining a candidate based on
education verification?  The candidate listed a degree on the resume, but
the background check says otherwise.  No offer has been made.  Does anyone
know what actions employers are legally obligated to take in order to
appropriately decline the candidate?

 

Ashley Buck

Human Resource Specialist

Becker Underwood

801 Dayton Avenue

Ames, IA 50010

515-817-2005

515-956-2510 (fax)

ashley.buck at beckerunderwood.com

 

 

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