What is the Process I Must Follow When I Deny an Applicant for Employment Based on the Contents of a TruDIligence Report?
TruDiligence Knowledgebase – Background Check Services
This article covers current federal requirements only. There may be additional state or local requirements that you must comply with that are not covered here in order to deny an applicant.
Consult with your own legal counsel on those issues as they may pertain to you.
Section 604 of the Fair Credit Reporting Act (FCRA) establishes specific guidelines that must be followed when an applicant is going to be denied employment based on the contents of a TruDiligence report.
Before taking adverse action you must provide the applicant:
- A copy of the pre-adverse action notice
- A copy of the FCRA summary of rights
- A copy of the TruDiligence report
Then according to the FCRA, you must allow a “reasonable” amount of time for the applicant that was denied to dispute the contents of the report if they wish.
Although the FCRA does not specify the exact duration a “reasonable” amount of time is, the general consensus among the legal community is 5 business days.
If at the end of five (5) business days, the applicant has failed to dispute the contents of the report, your business must provide:
- A copy of the adverse action notice leading your operations to deny an applicant.
All of the required FCRA forms and notices are available on the TruDiligence website at: https://trudiligence.viewsite.link/downloadforms
The complete text of the FCRA is available here: http://www.ftc.gov/os/statutes/031224fcra.pdf
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