The Fair Credit Reporting Act (FCRA) is designed to protect individuals by promoting accuracy, fairness, and privacy information in the file of every Consumer Reporting Agency (CRA). Most CRA’s are credit bureaus that gather and report information. Pre-employment screening firms, such as Background Resources, Inc. , are also CRA’s and are governed by the FCRA. The federal law provides requirements and the rules for pre-employment background checks, called Consumer Reports.
The following information regarding the FCRA is provided as general guidance to Background Resources clients. The information will address requirements and obligations regarding employment background checking. The definitions of the Act itself is not implied or intended as legal advise. The employer retains the responsibility to understand the FCRA. Because the information provided by Background Resources is intended to be utilized as a general guideline, it is also recommended that you consult legal counsel for advise.
D.P.P.A. – Drivers Privacy Protection Act
The D.P.P.A. safeguards the personal information of licensed drivers from improper use or disclosure. It is a valid exercise of federal authority in that it seeks to protect a fundamental privacy interest. The D.P.P.A. requires permission to be obtained from individuals before their person motor vehicle record may be sold or released to third-party marketers. It restricts the activities of subsequent use or disclosure of the information in a manner unrelated to the original purpose for which the personal information was collected. In addition, records must be kept of each additional disclosure identifying each person or entity that is receiving the disclosure and for what purpose. The disclosure records must be kept for a period of 5 years.
Please review the full version of the D.P.P.A. : Driver’s Privacy Protection Act
or contact the U.S. Department of Transportation at: www.dot.gov Phone: 202-366-4000.
A.D.A. – American Disabilities Act
The A.D.A. legislation creates comprehensive civil right protections for individuals with disabilities. It prohibits discrimination on the basis of disability in private employment, all state and local government agencies, places of public accommodation such as museums, restaurants, and theaters and mandates accessibility to communication services for people who are deaf, hard of hearing, or speech impaired.
Please review the full version of the A.D.A. : American Disabilities Act
or contact the A.D.A. at: www.ada.gov Phone: 800-514-0301 (voice) 800-514-0383 (TDD).
F.H.A. – Fair Housing Act
The F.H.A. prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18) and handicap (disability).
Please review the full version of the F.H.A. : Fair Housing Act
or contact the U.S. Department of housing and Urban Development at: www.hud.gov Phone: 202-708-1112.
Notice To Users of Consumer Reports
Obligations of Users Under the F.C.R.A.
The F.C.R.A., (15 u.s.c. 1681-1681y), requires that this notice be provided to inform users of consumer reports of their legal obligations. This information summarizes the responsibilities imposed by the F.C.R.A. on all users of consumer reports. Discussed are the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations.
Please review the full version of the Notice to Users of Obligations : Notice To Users of Consumer Reports or contact the Federal Trade Commission at: www.ftc.gov/credit Phone: 877-382-4357.
Applicable Sections of the FCRA :
Adverse Action Letter – Sample