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The Fair Credit Reporting Act (FCRA) permits pre-employment screening agencies to
conduct background and credit checks on prospective employees.


The FCRA forces numerous conditions and or limitations on screening agencies and any other user who may pull consumer reports. The main stipulation is that the consumer report cannot be use in violation of any applicable state or federal equal employment opportunity law or regulation. The screening agencies cannot run a background credit checks on a prospective employee unless that individual first provides a separate written document permitting the agency the right to obtain the consumer report for employment purposes. Also, written permission from the consumer is also
required for pulling the credit report. A copy of Consumer Rights must be provided to any agency that is pulling a credit report for employment purposes.

A consumers rights must be considered strongly when background and credit checks are pulled for employment. All equal employment opportunity laws must be obeyed when using background checks. They cannot reveal the applicants spouse reference or year of birth. Account number information that is also immaterial for hiring decisions, cannot be displayed.

For seven years, certain information, such as foreclosures, bankruptcy chapter 13, accounts sent to collection or charged to profit and loss, remain on the credit file from the date document was filed with the courts, or last date of activity on that account. Other items that may also remain on the file include: closed or paid accounts, judgments, and tax liens. If you have any of these listed on your
credit report, it may be recommended that you speak to an independent specialist about background checks. This will not breach your consumer rights.