Human Resources, Union/Labor Relations and Personnel Expertise
| NEWS | Braun Consulting News |
| LETTER |
| Vol. 4 No. 1 Spring 1998 |
See our Archive
Pages for Back Issues of Braun Consulting News! http://www.braunconsulting.com/bcg/newsletters/archives2.htm. |
News on Personnel, Labor Relations and Benefits
Does Your Application Comply With The FCRA? (Fair Credit Reporting Act)......1 A $35,000 Mistake Employees Right To Privacy Handled Carelessly Brings Home A Costly Lesson......2 Domestic Abuse & Workplace Violence A Liability Issue For Employers......2 Job Hunting On The Web "It's A Numbers Game"!......2 5 Myths About Overtime: Test Your Knowledge......3 Braun Taps Into Internet Resources To Solve Your Problems......3 If The IRS Comes Knocking On Your Door......3 More Limitations On ADA......4 Truth Never Dies by Abraham Lincoln......4 Questions or Concerns The Contents of this News Letter is intended for general information and should not be construed as legal advise or opinion.
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 Does Your Application Comply With The FCRA? (Fair Credit Reporting Act)
If you are an employer who sometimes
relies on information in consumer credit
reports to make decisions on hiring,
promoting or retaining applicants and
employees you should be aware of
some new requirements in the FCRA.
Amendments (known as the Consumer
Credit Reporting Reform Act of 1996)
to the FCRA are in effect as of
September 1997, so you should be
aware of their significance and consider
their implications if you use consumer
reports in employment decisions. This
law covers the use of driving records as
if driving records were a "consumer
report". Among some of the important changes in the current requirements are the following:
(1) gives the
applicant or employee a clear,
conspicuous written disclosure
notifying him or her that a consumer
report may be obtained and (2) obtains
written authorization from the applicant
or employee. [15 U.S.C. 1681b(b)(2).]
The written disclosure should be in a
document containing only that
disclosure.
Employers who use consumer credit
reports or investigative consumer
reports might consider giving Braun
Consulting Group a call for clarification
on any of these issues.
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Under the new Reform Act, as soon as an employer intends to take adverse action (which includes the "denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee") it must first provide the applicant or employee with a copy of the report, along with a written description of his or her rights under this statute... including the right to request disclosure of the nature, sources and recipients of any credit report. The applicant or employee must also be notified of his or her right to dispute the accuracy of the report. Other requirements apply, so be aware that you will need to understand the new conditions.
With these tightened and more stringent requirements on background checks it may save you significant time and money to call Braun Consulting Group with your questions. At Braun we are here to give you the confidence and assurance of having a practical way to comply with these laws.
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