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Check on the Checking: FCRA Requirements on Employee Background Checks

Mar 31, 2026 | Background Check Compliance, Fair Credit Reporting Act

There are key Fair Credit Reporting Act (FCRA) requirements employers must follow when conducting background
checks through third-party consumer reporting agencies. Before obtaining a report, employers must provide a separate
written disclosure and obtain written consent, and if adverse action is considered, they must give the applicant a copy
of the report and rights notice with time to respond. Non-compliance risks legal liability and highlights the need for
careful policy implementation.

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