An FCRA disclosure is a document signed by a job applicant giving a potential employer permission to access her record with one or more credit agencies. Employers cannot access such records without such a disclosure, but can normally require such a disclosure as part of the application process. If the employer decides not to give the applicant the job as a direct result of the contents of the record, the employee must be given a copy of the record.
FCRA
The Fair Credit Reporting Act is the main legislation in the US governing the activities of credit report agencies and those who make use of them. It gives consumers the right to access their credit reports, the right to correct or dispute information, and a limitation of which organizations can access a report and under what circumstances.
Employers
While potential lenders have the automatic right to access a credit report, potential employers can only access a report with the express permission of the job applicant. This is obtained through a document known as an FCRA disclosure. Although the precise wording is up to the employer, the request must include certain key points informing the applicant that a credit report may be accessed; that the applicant has the right to find out which agency was consulted for the report; and whether or not the employer retains the right to access reports during any subsequent employment.
Adverse Action
An employer may take adverse action based of the information in a credit report by denying somebody a job or passing them over for a promotion. Before doing this, the employer must provide the employee with a copy of the relevant credit report plus a summary of the employee's rights under the FCRA.
Scope
In most cases, any potential employer can require consent to access an applicant's credit report as part of the hiring process. However, as of 2011, several states have started limiting this to positions where a credit record was specifically relevant, such as a job involving financial responsibility. Employers should take care to check with their state's law before asking for consent.
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