FTC Testifies on the Rights of Employees Under the Fair Credit Reporting Act

The Federal Trade Commission today told the Equal Employment Opportunity Commission that the Fair Credit Reporting Act (FCRA) imposes requirements on Consumer Reporting Agencies (CRAs) - which include the three major credit bureaus - and on employers that use the information “to ensure that sensitive consumer report information is used with fairness, impartiality, and respect for consumers’ privacy.”

Commission testimony given by Maneesha Mithal, Associate Director of the FTC’s Division of Privacy and Identity Protection, states that FCRA requirements placed on CRAs and employers are designed to promote privacy, accuracy, and fairness in the use of consumer reports. For example, before giving a consumer report to an employer, the CRA must take reasonable steps to ensure that the employer has a legitimate basis to obtain the report; must inform the employer of his or her obligation to provide certain notices to consumers; and must obtain the employer’s certification that he or she is complying with the FCRA and will not use consumer report information in violation of equal opportunity laws.

The testimony also notes that employers have important obligations if they use consumer reports for employment, including getting written consent from the employee or prospective employee before getting a report. Employers also have to tell employees or prospective employees when they take adverse actions against them based on information in a consumer report – such as denying job applications, reassigning or terminating employees, or denying a promotion.

The testimony describes the FTC’s aggressive law enforcement program to assure consumers’ rights under the FCRA are protected. The testimony also notes that the FTC has a robust consumer and business education effort, which it considers a critical part of its mission. The FTC’s consumer publication, “Employment Background Checks and Credit Reports,” explains to applicants and employees their rights under the FCRA with respect to the use of credit reports and other employment background checks. The FTC has issued a guide for businesses, “Using Consumer Reports: What Employers Need to Know,” on how to comply with the FCRA when using consumer reports in employment.

“The FCRA includes significant protections for consumers relating to use of consumer reports for employment purposes, and the FTC is committed to using all of the tools at its disposal to ensure that job applicants and employees are protected,” the testimony states.

The Commission vote authorizing the testimony was 5-0.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,800 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.