This is a sample only. It is recommended that, prior to use, adverse action letters 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.
If employers intend to use employment background check information, also known as consumer reports, from a third party or outside vendor to take adverse action against an individual on the basis of that information (i.e. denying employment, terminating an employee, or denying a promotion), they must comply with the Fair Credit Reporting Act (FCRA). Consumer reports can include information from a variety of sources, including criminal records and credit reports.
Before taking adverse action, the employer must provide the individual with a pre-adverse notice that includes a copy of the individual’s consumer report and a copy of the Summary of Your Rights under the FCRA.
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