When must the employer give me a copy of my background check?

Under the Fair Credit Reporting Act, an employer is required to give you a copy of your background check only if the employer intends to take an adverse action against you on the basis of the background check. Under the statute, adverse action is defined as “a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee.”

Certain states, such as Minnesota and Oklahoma, require that employers give you the option of receiving a copy of your background check regardless of whether the employer takes an adverse action against you on the basis of the background check. Normally, the option to receive a copy of the report is included on the background check authorization form that is presented to you before the background check is ordered.

If you suspect that your employer has run a background check and would like a copy, our law firm may be able to assist you. Please contact us today.


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