Employment screening law · For employers · FCRA
Background check rules for employers, in plain English.
A free letter tool and plain explanations of the federal, state and city rules for employment background checks. Each page cites the statute, regulation or agency guidance it relies on, and links to it.
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Fig. 1 · A letter built from the form
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Tool 01
Employment verification letter
Fill in the details and the letter builds as you type. Current or former employee, dates only or with pay, for a lender, landlord or new employer.
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Guide
The adverse-action process
When you get a background check from a screening company, federal law sets the order of steps. Step 1 applies to every report. Steps 2 to 4 apply if the report may lead you to reject or act against someone. Each step links to its source.
Disclose and get authorization
Before you order the report, give a clear written disclosure in a document of its own. Get the person’s written authorization.
Send the pre-adverse notice
Before you take adverse action based even partly on the report, give the person a copy of it and “A Summary of Your Rights Under the Fair Credit Reporting Act.”
Wait before you decide
The FCRA names no period. In a 1997 letter, FTC staff said a proposed wait of five business days “appears reasonable.” The facts of a case may call for more time.
No fixed period FTC staff letter, June 27, 1997
Send the final notice
After you decide, tell the person. Give the reporting agency’s name, address and phone number. Say the agency did not make the decision and cannot tell them why. Explain the right to a free copy of the report if they ask within 60 days, and the right to dispute its accuracy or completeness.
CA NYC PHL
Some places add time and steps
For decisions based on criminal history, California (employers with five or more employees, with some roles exempt) and New York City (four or more) give the person at least five business days to respond. Philadelphia gives 10 business days. Each also adds its own notice and review steps.
Cal. Gov. Code § 12952(c)(3) NYC Fair Chance Act Phila. Code § 9-3504.1(3)
The notice comes before the decision
The person gets the report and the summary of rights while the decision is still open, so there is time to point out an error.