As of January 1, 2013, employers must provide updated notices to applicants and employees as part of the Fair Credit Reporting Act (“FCRA”) background check process. These new notices, available here, were issued by the Consumer Financial Protection Bureau – the federal agency which has assumed the responsibility for interpreting the FCRA from the Federal Trade Commission. For employers, the most relevant form is entitled “A Summary of Your Rights Under the Fair Credit Reporting Act” which must be issued to applicants and employees at various stages in the background check process. For convenience, a copy of the updated FCRA Summary of Rights is available here.
Given these updates, as well as the recent changes to the Massachusetts Criminal Offender Record Information law (“CORI”), employers should carefully review their background check policies to ensure they comply with current law. Employers are encouraged to contact their MBJ attorney with questions regarding these issues and what steps they should take to protect themselves.
Sean P. O’Connor is an attorney with Morgan, Brown & Joy, LLP and may be reached at (617) 523-6666 or at firstname.lastname@example.org. Morgan, Brown & Joy, LLP focuses exclusively on representing employers in employment and labor matters.
This alert was published on January 7, 2013.
This publication, which may be considered advertising under the ethical rules of certain jurisdictions, should not be construed as legal advice or a legal opinion on any specific facts or circumstances by Morgan, Brown & Joy, LLP and its attorneys. This newsletter is intended for general information purposes only and you should consult an attorney concerning any specific legal questions you may have.