When applying for a job, employers often conduct background checks of prospective employees. It has been reported that approximately 93% of employers conduct criminal background checks for some applicants, and 73% of employers conduct criminal background checks for all potential applicants. The Fair Credit Reporting Act (“FCRA”) applies not only applies to credit reports, but it also applies to employment background checks. The FRCA requires background checking agencies to maintain procedures to ensure the accuracy of information they report about a consumer. The FCRA also requires that employers provide clear and conspicuous written disclosures to prospective employees prior to obtaining credit reports. These disclosures by the employer are vital because prospective employees are granting access to highly sensitive and private personal information.
Errors that routinely appear in background check reports include but are not limited to the following:
- Mismatch the subject of the report with another person;
- Reveal sealed or expunged information;
- Omit information about how the case was disposed or resolved;
- Contain misleading information; and
- Mischaracterize the seriousness of the offense reported.
The FCRA provides remedies for situations where inaccurate information is contained within a background check report, or if required disclosures were not provided by an employer prior to obtaining a background check report. These remedies potentially may include correction of the report and financial compensation for any harm. If an employer has failed to provide appropriate notice prior to obtaining your background check report, or if a background check included inaccurate information, feel free to contact The Kim Law Firm, LLC to discuss your situation.