Liability For Violations Of The FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. What the FTC says Employers Need To Know About Background Checks: Click Here Employment background screening and adverse action procedures must be compliant with the FCRA and all all other Federal and State employment screening laws. You must maintain records to prove your compliance with the EEOC guidance regulations on using criminal records.
Do you have an action plan to demonstrate compliance with the EEOC guidance on using criminal records background checks?
A number of states now have “Ban The Box” laws in place. Look for more particulars in your state in our Site Map.
Under the FCRA, an applicant/employee cannot bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against an agency, its customers, or any person who furnishes information to the agency if they are in compliance with the FCRA (except as to false information furnished with malice or willful intent to injure).