The Fair Credit Reporting Act (“FCRA”) is a federal law that regulates “consumer reports” (a term defined by the FCRA) provided by third parties to employers. Of importance to employers, criminal background checks generally are “consumer reports.” The FCRA requires employers to obtain consent and to make certain disclosures including a disclosure on a separate document before obtaining a “consumer report” for employment purposes and to make certain additional disclosures including a summary of rights in the event an adverse action is taken against an applicant or employee based on information learned through a “consumer report.” The FCRA provides for federal civil lawsuits and even potential criminal liability in the event of non-compliance. State law can impose requirements on employers in addition to the FCRA.
Taft lawyers are very familiar with the types of information covered by (and excluded from) the FCRA. We can advise as to whether the FCRA applies in a given situation and prepare the necessary consent and disclosure documents if the FCRA does apply. We also have experience defending employers against FCRA lawsuits.