Comply with FCRA Requirements Checklist

Author: Steven J. Luckner and Jennifer Woodruff, Ogletree Deakins

When to Use

The Fair Credit Reporting Act (FCRA) governs the access and use of credit information in making employment decisions and sets forth the national standards for employment screening performed by outside companies (i.e.,consumer reporting agencies (CRAs)). However, the FCRA does not apply when an employer conducts a background check itself. If information from a CRA is used for employment purposes, the FCRA has certain requirements for employers.

This checklist should be used by an employer to comply with FCRA's requirements when engaging a third-party CRA to conduct background checks. Employers should complete the following steps in sequential order to properly complete the checklist.