Have you been denied employment on the basis of a criminal background check or credit check? If so, it is important to know your rights.
The Fair Credit Reporting Act (FCRA) sets national requirements for employment background checks obtained through a third party. If requesting a background check, employers must also provide job applicants with a copies of the “Summary of Your Rights Under the FCRA” document.
Employers are limited in the opportunity to lawfully obtain background checks and credit reports on employees and job applicants. The FCRA requires two things of employers seeking background checks:
Under the FCRA, employers who willfully violate these requirements are liable for actual damages, punitive damages, and statutory penalties of up to $1,000 per violation.
Many employers, including some of the largest companies, routinely violate the FCRA by obtaining background checks and credit reports without proper authorization.
If you believe that you are the victim of an improper background check or that your employer improperly used your credit report, then we may be able to help. Contact our consumer attorneys to learn more.