Fair Credit Reporting Act (FCRA) Final Adverse Action Disclosure Notice

Summary

This template is a Fair Credit Reporting Act (FCRA) final adverse action disclosure notice that advises an applicant or employee that the employer took an adverse action against the applicant or employee based on information contained in a consumer report or investigative consumer report obtained by the employer under the FCRA. This template includes practical guidance and drafting notes. This Fair Credit Reporting Act (FCRA) Final Adverse Action Disclosure Notice is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. For more information on the FCRA, see Fair Credit Reporting Act (FCRA) and State Mini-FCRAs: Step-by-Step Guidance for Compliance and Consumer Reports and Credit History Checks under the Fair Credit Reporting Act (FCRA). See also FCRA Class Action Employment Litigation: Best Defense Strategies. For information on state mini-FCRA laws, see the References and Background Checks column of Screening and Hiring State Practice Notes Chart. For a full listing of key content covering recruiting, screening, testing, hiring, and onboarding, see Screening and Hiring Resource Kit. For information generally on background checks by employers, see Criminal Background Checks: Key Analyses and Considerations, Social Media Information Regarding Job Applicants and Employees: Key Considerations, Interviewing and Screening Job Applicants, and Pre-employment Screening and Obtaining/Using Consumer Reports Checklist.