By January 1, 2013, employers who conduct background checks on applicants or employees will be required to use the updated Fair Credit Reporting Act (“FCRA”) forms. The updated FCRA forms can be found here.
These updated forms include “A Summary of Your Rights Under the Fair Credit Reporting Act” that employers must provide to applicants and employees when employers issue a pre-adverse action letter and in certain other situations.
It is important for employers to update their forms and otherwise comply with FCRA requirements. Employers that “negligently” or “willfully” fail to comply with any requirement of the FCRA may be subject to lawsuits and liable for actual damages, attorneys’ fees and costs.