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News & Press: HR

Another New Form! FCRA

Tuesday, October 2, 2018   (0 Comments)
Posted by: Alyce Ryan
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Written by: Christine V. Walters, JD, MAS, SHRM-SCP, SPHR , FiveL Company 

Last month it was the final version of FMLA notices. This month it is the Notice of Rights required under the Fair Credit Reporting Act (FCRA).The new form is “interim final.” It took effect September 21, 2018, but also has a notice and comment period through November 19, 2018. The changes are not directly related to employment, but to new processes by which lenders may be notified if an individual has been a victim of identity theft. For now, employers have to do 1 of 2 things: (1) either use the new form; or (2) continue to use the prior form and provide a supplement that has the new information on it. 

Who has to use this form and when? If you use a third party vendor, aka a "consumer reporting agency" to obtain background reports (criminal, credit, employment and more), then you are likely required by the FCRA to provide the individual about whom you are obtaining the report with this notice. If you receive any adverse information about the person and/or take adverse action based, even in part on any information in the report, such as not hiring an applicant there are one or two more notices you must issue. But these are topics for another day, another article. For now, you can get more information here