Why is consent required before running a background check?

In order to run a background check, the Fair Credit Reporting Act (FCRA) requires that employers obtain written authorization from the job candidate or employee before they can be screened. Click here for a sample consent form.

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

Note: Because California and Vermont law require that employees consent to each new background check, all employers running background checks in the state of California or Vermont must obtain candidate or employee consent each and every time they conduct a background check.