Do I have to let the candidate know I am running the report?

Under the FCRA, candidates are required to provide written authorization to an employer in order for a background check to be run. Employers also have to disclose the nature of the background check report and provide applicants with a summary of their rights under the FCRA. Without this disclosure and authorization, an employer can not legally run a background check on the candidate. By obtaining consent, employers can officially certify that they have: 

  • Notified candidates about the details of the background screening process.
  • Informed candidates about their legal rights in case of an adverse action.
  • Made efforts to ensure candidate privacy and prevent discrimination.