New Form Required for Employment Background Checks on Employees and Applicants

Jacob M. Sitman's Human Resources Law Legal Blogs

Licensed for 20 years

Attorney in Center Valley, PA

Jacob M. Sitman

Fixed hourly rates, Fixed fees available

Serving Center Valley, PA

  • Serving Center Valley, PA

  • Fixed hourly rates, Fixed fees available

Shareholder at firm Fitzpatrick Lentz & Bubba, P.C.

Serving Center Valley, PA

Fixed hourly rates, Fixed fees available

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Employers which use a third party to perform background checks, whether for job applicants or employees, must comply with the Fair Credit Reporting Act (“FCRA”) procedures. Failing to comply with FCRA can subject employers to significant liability. Employers that are negligent in their noncompliance with FCRA may be liable to the employee or applicant for his or her actual damages and attorneys’ fees. If the employer’s noncompliance is found to be willful, then the employer can face additional penalties, including statutory damages ($100 to $1,000 per violation) and punitive damages.

The new Consumer Financial Protection Bureau, which has become the chief enforcer of FCRA, has issued revised forms for employers use in conducting background checks. Use of the new forms became mandatory on January 1, 2013.

To download the forms, click here. They are Appendices K, M and N to 12 CFR part 1022

This blog post has been prepared and published for informational purposes only. None of its content should be construed as or relied upon as legal advice. Therefore, no one should act or refrain from acting based on its content. The content is not a substitute for competent legal advice. For legal advice or answers to specific questions, please contact one of our attorneys. Information provided by our attorneys should only be considered legal advice after a formal attorney-client relationship has been established with our law firm and you and confirmed in writing by one of our attorneys.

Employers which use a third party to perform background checks, whether for job applicants or employees, must comply with the Fair Credit Reporting Act (“FCRA”) procedures. Failing to comply with FCRA can subject employers to significant liability.

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