What is your Consumer Reporting Agency (CRA) doing with criminal conviction records discovered in a database search? A CRA has two options under the Fair Credit Reporting Act(FCRA). https://www.preemploymentscreen.com/wp/wp-content/uploads/2014/07/Fair-Credit-Reporting-Act-FTC-Federal-Trade-Commission.pdf   15 U.S.C. § 1681k(a) provides as follows: A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles […]

California recently passed a bill preventing employers from inquiring about salary history. Did you know there are other jurisdictions with laws about confirming salary history?  This law would become effective January 1, 2018. This bill would prohibit an employer from relying on the salary history information of an applicant for employment as a factor in […]

The pre-adverse notification is important for two reasons. The first is that it is required by the Fair Credit Reporting Act. The FCRA, 15 U.S.C. §1681b(b)(3)(A), requires that before taking any adverse action based in whole or in part on a consumer report used for employment purposes, the person intending to take such adverse action […]

Our opinion is people “typically” won’t change their behavior. The vast majority will behave for your firm as they have behaved in the past. People who falsify your employment applicant will most likely falsify company documents later. People who have exhibited unacceptable past behavior will likely continue that dangerous behavior in your employ. And people […]

Is your consumer reporting agency following the 7-year rule in reporting information on reports on individuals? There is confusion about what can be included. In a prior blog post  we commented on the misunderstanding many have regarding criminal convictions. Many think that criminal convictions more than 7 years old cannot be reported. That is not […]