Can I change my hiring decision based on the results of the report?
Anytime an employer makes a negative employment decision based on the results of a background check, they need to follow the required FCRA adverse action steps and EEOC guidance in making the decision.
You will need to work directly with Checkr to send a pre-adverse action notification that:
- Informs the individual that their application will be denied based on the report,
- Includes a copy of his/her background report and a copy of A Summary of Your Rights under the Fair Credit Reporting Act, and
- Provides a reasonable period of time to dispute the results. If the new hire does not appeal the pre-adverse action letter after a reasonable amount of time, the administrator will need to send an official adverse action notice.
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