The Fair Credit Reporting Act (FCRA) is a federal law that regulates the activities of credit reporting bureaus. The law governs the use of third-party credit reporting agencies to investigate the background of applicants for employment and imposes notice requirements for employers as well as monetary penalties for failure to comply with its provisions.
Under the FCRA, employers must take certain actions whenever they obtain a consumer report on a job applicant or employee. All background screening reports are classified as consumer reports and requirements include notification, certification and action before and after an adverse event.
If a consumer report uncovers information that may disqualify an applicant from employment consideration, the County shall notify the applicant of the information and provide a minimum of five (5) days for the applicant to refute, explain or correct the information.
NOTE: The FCRA law only applies to background screenings performed by an outside company. It does not apply when an employer conducts in-house Standard Pre-Employment Screenings. Hiring departments should contact their Human Resources Employment Advisor for assistance when adverse action will be taken against a candidate or Pinal County employee.