Disclosure and Authorization Forms for Background Checks

This guide details the necessary disclosure and authorization forms required for obtaining consumer reports for employment purposes in compliance with the Fair Credit Reporting Act (FCRA). Employers are mandated to provide a clear and conspicuous disclosure to the consumer before requesting a background check, which must be documented in writing. The guide outlines the statutory requirements, emphasizing the importance of complying with both federal and state regulations to avoid legal repercussions, including lawsuits. It also highlights common compliance challenges that employers face, such as including extraneous information on forms or not presenting the necessary disclosures separately. Furthermore, the document addresses the legal risks associated with non-compliance, citing recent class action settlements. The guide concludes with a description of how SambaSafety can assist clients in meeting these compliance requirements by providing secure electronic forms and storage for background check documentation.