skip to content

Reentry Resource Center - New York

Serving People from Arrest to Reintegration

View by: Folder | Topic
Folder: Main Menu > Criminal Records > Criminal Record Background Checks > Fair Credit Reporting Act (FCRA)

Many employers obtain information about job applicants from consumer reports created and sold by consumer reporting agencies (CRA's). Because this information is compiled and sold for a profit by, the CRA's and employer must follow the guidelines of the Fair Credit Reporting Act (FCRA). FCRA is supposed to ensure that information reported about individuals is accurate and fair. Under it, job-seekers and other individuals have specific rights, including the right to see a background check that an employer used if they decided not to hire you, and to make corrections to that report if it contains errors.

This folder contains a request form for a free consumer report as well as an example of a case where an individual was terminated from employment as a result of an incorrect Credit Report.

For resources on how to dispute information on background reports, please see the Toolkit for Disputing Private Company Background Checks.

For more information, visit "Employer Use of Consumer/Credit Reports to Obtain Criminal Record Information" on the National HIRE Network website.

Resources

  • New York Attorney General Settlement Agreement with Choicepoint for Unlawfully Aiding Employers in New York State Who Exclude Job Applicants Based on Criminal Records (Office of the Attorney General of New York State)

  • New York Attorney General Settlement Agreement with Radio Shack for Unlawful Discrimination Against Job Applicants with Criminal Records (The Office of the Attorney General of the State of New York)

  • Sample Background Report Dispute Letter (Legal Action Center)

  • Using Consumer Law to Combat Criminal Record Barriers to Employment and Housing Opportunity (Journal of Poverty Law and Policy)

  • Letter to National Association of Professional Background Screeners Re: Illegal for Credit Reporting Agencies to Maintain and Report on Violations (Legal Action Center)

  • Complaint in Johnson v. Kroll Background America, Inc. (Community Legal Services)

Login
Pro Bono and legal aid attorney resources - Pro Bono Net