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Adverse Action

If an employment decision is made to turn down an applicant or dismiss an employee based on information found in a consumer report, federal law requires furnishing that information in a document known as an adverse action notice. *The steps below outline the adverse action steps.

Please consult with your HR/Legal to ensure compliance with all federal and state laws. Please note that some employers may be subject to additional adverse action notification requirements under your state and local fair chance or ban-the-box laws designed to reduce hiring discrimination against ex-offenders. Be sure to consult your HR/Legal for any additional steps not included below:

  1. Send Pre-Adverse Action Notice. This notice should also include a copy of the background check report and a summary of the applicant’s FCRA rights.

  2. Allow the applicant 5 business days to receive, view, and dispute any inaccurate information.

  3. If the applicant does NOT dispute the information reported in the consumer report, send the final notice of adverse action denial letter or Withdrawal of Offer Adverse Action letter depending on your state requirements.

  4. If the applicant disputes any information in the consumer report please notify C4 Operations and have your applicant contact C4 Operations immediately. C4 Operations will begin an investigation. There is a 30-day review period during this investigation. C4Operations will notify you and the applicant of any changes or updated information.

  5. If after considering the candidate’s response and any corrections to the consumer report, you still decide against hiring, the employer must issue an adverse action that explains your decision. This notice may be delivered in hard copy form or electronically.

 

If you are a consumer wishing to begin the dispute process please reference (LINK DISPUTE PAGE)

Please contact our office at 888-519-6283, if you have any questions.