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SUFFERED A JOB DENIAL OR PROMOTION DENIAL BASED ON INACCURATE BACKGROUND CHECK INFORMATION?

The Federal Fair Credit Reporting Act (FCRA) requires that anytime an employer makes a decision to not hire an applicant due to results of a background check, the employer must provide the applicant an opportunity to dispute the findings.

The employer has the legal responsibility to provide the applicant with what is called an “adverse action notice”.  This notice explains the applicant’s rights under the FCRA if the employer decides to take an action determined to be “adverse”.  An “adverse action” constitutes a decision of the employer to not hire, promote, retain or reassign the applicant based on the results of a background check report.

The “adverse action notice” must be delivered to the applicant before the adverse action is actually taken.  This procedure is intended to provide the applicant with a copy of the background check report and “A Summary of Your Rights under the Fair Credit Reporting Act”.

By requiring the notice and report to be provided before the action is actually taken, the intent is to allow the job applicant a reasonable amount of time to contact the background check agency to dispute any inaccurate information in the report.

Our office has recently filed a class action lawsuit against HKA Enterprises, LLC for failing to comply with these requirements of the FCRA.  HKA Enterprises utilized information contained within a background check report to not hire our client, but it failed to provide the required adverse action notice and a copy of the report to our client.  Please review the Complaint by clicking HERE.

If you have suffered a similar set of circumstances, please do not hesitate to contact our office for a free and confidential consultation to determine whether your rights have also been violated in such a way.