The FCRA regulates the use of “consumer reports.” A consumer report is defined as a report about an individual’s character, personal and credit characteristics, general reputation and lifestyle including commercially produced criminal background checks. The FCRA requires that employers take certain steps with respect to negative information obtained through a commercially produced background investigation.
When the University receives information in a Pre-employment criminal background check that will disqualify a candidate from consideration, the University will comply with the following FCRA protocol:
- The candidate will be sent a certified Pre-Adverse Action letter, return receipt requested, notifying the candidate that the University has received disqualifying information from the CBC report.
- The letter will include a copy of the report and a summary of the candidate’s rights under FCRA (2nd issuance if done at time of CBC consent).
- The notification shall be sent to the candidate before any adverse employment action may be taken based on the CBC report.
- After five (5) business days, barring the receipt of any new information that changes or clarifies the CBC report and eliminates any discrepancies, the University shall send the candidate a second Adverse Action letter rejecting his/her candidacy based on the disqualifying information generated by the CBC.