CIPP-US · Question #213
Which of the following is not a legal requirement when a potential employer is using information in a consumer report to determine employment eligibility?
The correct answer is D. The candidate must receive notice whether adverse action was taken or not.. The FCRA requires adverse action notice only when an employer actually takes adverse action based on a consumer report, not as a universal notification in every case.
Question
Which of the following is not a legal requirement when a potential employer is using information in a consumer report to determine employment eligibility?
Options
- APermissible purpose must exist for the report information.
- BThe candidate must receive written notice that a report will be requested.
- CThe candidate must give written consent before the report is obtained.
- DThe candidate must receive notice whether adverse action was taken or not.
How the community answered
(51 responses)- A10% (5)
- B4% (2)
- C4% (2)
- D82% (42)
Why each option
The FCRA requires adverse action notice only when an employer actually takes adverse action based on a consumer report, not as a universal notification in every case.
FCRA Section 604 requires a permissible purpose before obtaining a consumer report, and using it to evaluate employment eligibility is an explicitly listed permissible purpose under the statute.
FCRA Section 606 mandates a clear and conspicuous written disclosure to the candidate before the employer requests a consumer report, making written notice a firm legal requirement.
FCRA Section 604(b) requires written authorization from the candidate before the employer may procure a consumer report, making prior written consent a mandatory prerequisite to obtaining the report.
The Fair Credit Reporting Act mandates a two-step adverse action process - a pre-adverse action notice (including a copy of the report and Summary of Rights) before the decision, followed by a final adverse action notice after - but only when the employer decides to take adverse action against the candidate. No FCRA provision requires employers to notify candidates when the consumer report results in no adverse action, such as when the candidate is hired or the report is not used negatively. Requiring blanket notification regardless of outcome is not part of the FCRA's compliance obligations.
Concept tested: FCRA adverse action notice requirements for employment screening
Source: https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act
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