Client Resources

FCRA Disclosure for Consumer Report – General
Provide this disclosure to the applicant if you will be requesting a consumer report under the FCRA. Note that there is a version for employment purposes and one for non-employment purposes (e.g., volunteer, vendor, student).
• FCRA Disclosure for Consumer Report – Employment 

• FCRA Disclosure for Consumer Report – Non-Employment

FCRA Disclosure for Investigative Consumer Report – General
Provide this disclosure to the applicant if you will be requesting an investigative consumer report under the FCRA. Note that there is a version for employment purposes and one for non-employment purposes (e.g., volunteer, vendor, student).
• FCRA Disclosure for Investigative Consumer Report – Employment 

• FCRA Disclosure for Investigative Consumer Report – Non-Employment 

FCRA Disclosures for Consumer Report – New York City Fair Chance Act Compliance
Provide this set of disclosures to the applicant or employee if you will be requesting a consumer report under the FCRA and the applicant or employee lives and/or will be working in New York City or one of its five boroughs (Bronx, Brooklyn, Manhattan, Queens, and Staten Island). Note that each part of the two-part bifurcated screening process has its own disclosure for New York City.

Part 1 of New York City Bifurcated Screening Process: before a conditional offer is made, provide the following FCRA disclosure related to non-criminal, non-motor vehicle records, and non-medical exam screening (e.g., verifications, drug testing): FCRA Disclosure for Consumer Report – NYC Specific Non-Criminal, Non-MVR, Non-Medical Exam.

Part 2 of New York City Bifurcated Screening Process: after a conditional offer has been made, provide the following FCRA disclosure related to criminal, motor vehicle records, and medical exams: FCRA Disclosure for Consumer Report – NYC Specific Criminal-MVR-Medical Exam.

FCRA Authorization Form – General

After you give the appropriate FCRA Disclosure form and any applicable state and/or local disclosures to the applicant, the applicant must also be given and must complete and sign the FCRA Authorization Form. Note that there is a version for employment purposes and one for non-employment purposes (e.g., volunteer, vendor, student).

• FCRA Authorization – Employment 
• FCRA Authorization – Non-Employment 

FCRA Authorizations for Consumer Report – New York City Fair Chance Act Compliance

Provide this set of authorizations to the applicant or employee if you will be requesting a consumer report under the FCRA and the applicant or employee lives and/or will be working in New York City or one of its five boroughs (Bronx, Brooklyn, Manhattan, Queens, and Staten Island). Note that each part of the two-part bifurcated screening process has its own authorization for New York City.

Part 1 of New York City Bifurcated Screening Process: before a conditional offer is made, obtain the following FCRA authorization for non-criminal, non-motor vehicle records, and non-medical exam screening (e.g., verifications, drug testing): FCRA Authorization – NYC Specific Non-Criminal, Non-MVR, Non-Medical Exam.

Part 2 of New York City Bifurcated Screening Process: after a conditional offer has been made, obtain the following FCRA authorization for criminal, motor vehicle records, and medical exams: FCRA Authorization – NYC Specific Criminal-MVR-Medical Exam.

State and Local Disclosures

Certain states and localities, such as counties and cities, may require additional or special disclosures in addition to the standard FCRA disclosure and authorization. For ease of review, we have provided sample State and Local Disclosures in a packet. Please review with your counsel to determine your process for providing these disclosures as needed.

The sample State and Local Disclosures packet currently includes disclosures for the following: California (State), California Credit Notice (State), City of Los Angeles, City and County of San Francisco, Massachusetts, Minnesota, New Jersey, New York (State), New York City, Oklahoma, Washington (State). Please review with your counsel to determine if any additional disclosures may be needed based on location and industry.

• State & Local Disclosures

State and Local Disclosures – New York City Fair Chance Act Compliance

Use these sample disclosures if the New York City Fair Chance Act applies and your applicant also has current ties to a jurisdiction with special disclosure requirements. Please review with your counsel to determine your process for providing these disclosures as needed.

The sample State and Local Disclosures packet currently includes disclosures for the following: California (State), California Credit Notice (State), City of Los Angeles, City and County of San Francisco, Massachusetts, Minnesota, New Jersey, New York (State), New York City, Oklahoma, Washington (State). Please review with your counsel to determine if any additional disclosures may be needed based on location and industry.

Part 1 of New York City Bifurcated Screening Process: before a conditional offer is made, provide the sample state and local disclosures as applicable for non-criminal, non-motor vehicle records, and non-medical exam screening (e.g., verifications, drug testing): State and Local Disclosure Samples NYC Specific – Non-Criminal, Non-MVR, Non-Medical Exam.

Part 2 of New York City Bifurcated Screening Process: after a conditional offer has been made, provide the sample state and local disclosures as applicable for criminal, motor vehicle records, and medical exams: State and Local Disclosure Samples NYC Specific – Criminal, MVR, Medical Exam.

International

This form should be signed in addition to the consent form if an applicant is currently residing in the United States and has an International address history that you are running searches on.

• Sample – International Employment Consent Form
• Sample – International Non-Employment Consent Form – GDPR Compliant

Minor Authorization Form - Employment:

This minor authorization form (for employment purposes) should be signed by both a minor applicant and his/her parent/guardian. This authorization form is in lieu of the standard authorization form as it provides space for both the minor and his/her parent/guardian to sign. Unless you have specific needs, the standard disclosure form samples available above can be used with the minor authorization form. If you have a minor being screened for any other permissible purpose except for employment, please contact us if a sample form is needed.

• Minor FCRA Authorization – Employment

Summary of Rights:

It is also best practice to provide your candidate the Summary of Rights document prior to running their background check.

• Summary of Rights 
• Summary of Rights (Spanish)

Identity Theft:

Information for consumers who believe they are a victim of identity theft.

• Identity Theft

Data Retention Policy

• Data Retention Policy

Pre-Adverse Action Sample Letter:

Before you reject a job application, reassign or terminate an employee, deny a promotion, or take any other adverse employment action based on information in a consumer report, you must give the applicant or employee a Pre-Adverse Action Notification with a consumer copy of the report and copy of A Summary of Rights under the FCRA. Except for California, which has a sample provided below, please see the sample Pre-Adverse Action Notification:

• Sample Letter of Pre-Adverse Notification
• California Sample Pre-Adverse Action Notification

Adverse Action Sample Letter:

If you take an adverse action based on information in a consumer report, you must give the applicant or employee a notice of that fact – orally, in writing, or electronically (written notification is recommended to show proof of compliance).

• Sample Adverse Action Notification Letter 
• California Sample Adverse Action Notification
• Austin, TX Sample Adverse Action Letter

Additional Adverse Action Forms:

Some jurisdictions require additional information to be provided when an employer plans to and/or does take adverse employment action or have other requirements related to the adverse action process, such as a specific waiting period required in between letters.

We have provided forms or notices, but please consult with legal counsel to ensure you meet all state and local requirements that may apply to your company since some of the requirements do not involve a specific form or notice.

• Massachusetts DCJIS Information Concerning the Process in Correcting a Criminal Record
• New York City Fair Chance Act Notice and Evaluation Form
• Washington D.C. Notice of Right to File Complaint

Sample disclosure and authorization forms for alternate permissible purposes (students, volunteers, etc.) are available upon request.

**Note: If your company plans to utilize your own disclosure and authorization forms, please be sure they are compliant with employment screening policies/practices.  As always, AccuSourceHR™ is not issuing an opinion that is legal in nature. The above information is general information only as it pertains to background screening and is not legal advice, expressed or implied. Consultation with legal counsel is recommended in all matters of employment law.** 

We recommend that you pass this information along to any users who will be processing background screens.

Please contact our corporate office by email at customersuccess@accusourcehr.com or by telephone at 888-649-6272, should you have any questions.