Companies use background checks to verify whether a prospective employee has been truthful and transparent about their credentials, and to avoid potential hiring risks. An employer may only run a background check with the prospective employee’s consent.
How Do I Know If I Passed Or Failed An Employer Background Check?
In terms of the Fair Credit Reporting Act (FCRA), an employer is only obligated to share information from a background check with a candidate IF that information is used to disqualify them. A candidate is not legally entitled to the information if it is not used to disqualify them.
If you have given consent to a prospective employer to conduct a background check and are disqualified; ask them if the decision was based on information from the background check that was used so that you can enforce your rights if necessary.
Legal Requirement To Notify Applicants Of The Results
The FCRA compels employers to issue a written “pre-adverse action notice” to candidates who have been disqualified based on the results of a background check. The notice should:
- Include the basis for a candidate’s disqualification.
- State the name, address, and contact details of the entity that prepared the background check.
- Contain a disclaimer that the background check company did not contribute to the decision to disqualify.
- Make a free copy of the report available.
- Summarize a candidate’s rights and specify that they may contact the background check company to dispute any inaccurate findings.
Can You Run A Background Check On Yourself?
You may run a background check on yourself. This can help you to verify or dispute any information in a background check report that they might provide.