“The Federal Trade Commission submitted written testimony to the U.S. Commission on Civil Rights regarding the Fair Credit Reporting Act (FCRA) and the use of consumer reports in employment. The Fair Credit Reporting Act promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies (CRAs). The FTC testimony describes some of the legal rights and obligations prescribed by the FCRA when consumer reports are used for employment purposes, including the following:
- CRAs must have reasonable procedures to assure maximum possible accuracy of reports;
- CRAs must notify employers of their obligations under the FCRA;
- Employers have to obtain the written consent of applicants and employees before using consumer reports for employment purposes;
- Employers must provide notice to applicants and employees along with a summary of their rights under the FCRA before taking an adverse action against them based on a consumer report; and
- Consumers have the right to obtain a copy of their consumer report and dispute erroneous or incomplete information with the CRA.