This is a sample only. It is strongly recommended that, prior to use, this form receive a final review by legal counsel to ensure defensibility. It is the employer’s responsibility to ensure compliance with all of the relevant federal, state and local law requirements governing this area, including additional disclosures, as applicable.
Employers who use a third party or outside vendor to conduct background check investigations, such as criminal background, credit and motor vehicle records (considered “consumer reports”) are required by the Consumer Financial Protection Bureau to comply with the Fair Credit Reporting Act (FCRA).
Under the FCRA, before an employer requests a consumer report, it must notify the applicant in a stand-alone disclosure document that it may use information in his or her consumer report for employment decisions. Employers must also get the applicant’s authorization to conduct the background check in a separate document.
