Fair Credit Reporting Act (FCRA) Pre-adverse Action Disclosure Notice

Summary

This Fair Credit Reporting Act (FCRA) Pre-adverse Action Disclosure Notice is used by an employer to notify an applicant or employee that the employer intends to take an adverse action against the applicant or employee based on information contained in a consumer report or investigative consumer report obtained by the employer pursuant to the Fair Credit Reporting Act (FCRA). This template includes practical guidance and drafting notes. This template is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. This template is intended for private employers. 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). For information on state mini-FCRA laws, see the References and Background Checks column of Screening and Hiring State Practice Notes Chart. 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.