If the employment denial is based on a background check from a background check company, that is what is required of the employer.Actually as I understand it under the FCRA the employer must provide first a letter saying that negative action is going to be taken based on the background check and along with that letter a copy of the background check and a letter explaining the rights under FCRA must both be included. THEN a second letter actually taking the action must be sent after 10 days have passed.
https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know
I simplified it, but you're wrong. A "copy of the background check" is not required. Yes, there are boilerplate disclosures as well. The only non-boilerplate was the identity of the background check company.Actually as I understand it under the FCRA the employer must provide first a letter saying that negative action is going to be taken based on the background check and along with that letter a copy of the background check and a letter explaining the rights under FCRA must both be included. THEN a second letter actually taking the action must be sent after 10 days have passed.
https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know
Does this apply to independent contractors?Actually as I understand it under the FCRA the employer must provide first a letter saying that negative action is going to be taken based on the background check and along with that letter a copy of the background check and a letter explaining the rights under FCRA must both be included. THEN a second letter actually taking the action must be sent after 10 days have passed.
https://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know
Good question, but I don't choose to be the test case to find out. If I run a BG check and a negative decsion is made based on it I choose to spend the less than $1.00 to send the two required letters.Does this apply to independent contractors?
I wouldn't be so sure, especially with Uber. Do a Google search there are a number of class action suits against major employer for running afoul FCRA guidelines. And all that stuff you sign off on before they run and use the background check doesn't release them from the things they have to do after they negative action.I can almost guarantee that Uber made the disclosures required. You sign up online and you agree to a bunch of things before you authorize the check.