Hiring Tools and Information

Effective 10/1/97 The New Fair Credit Reporting Act

           Effective October 1, 1997 the New Fair Credit Reporting Act (FCRA) takes affect for all businesses in the United States. This new federal regulation has  a significant impact on the hiring process. Is your company in compliance? The new regulations can be confusing and can result in severe liability if not properly and completely complied with.

OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS

Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers' privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 of the FCRA contains a list of the permissible purposes under the law.

INCLUDED:

For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Section 604(a)(3)(B) and 604 (b)

Obligations of Users of Investigative Consumer Reports

Investigative consumer reports are a special type of consumer report in which information about a consumer's character, general reputation, personal characteristics, and mode of living is obtained through personal interviews. Consumers who are the subjects of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 of the FCRA requires the following:

1. Disclose that an investigative consumer report may be obtained
2. Written disclosure must be mailed, or delivered to consumer no later than three days after the date on which the report was first requested.
3. The disclosure must be of the nature and scope of the investigation as described below, and must include the summary of the consumers rights required by Section 609 of the FCRA.
4. The user must certify to the CRA that the disclosure set forth above have been made and that the user will make the disclosure described below.
5. If there is any information in the "consumer report" when making an employment related decision that directly and adversely affects the applicant's determination of being hired, the applicant must be provided a written copy of the consumer report.

Applicant Name: ___________________________________________
Date Notified: ______________________________________________

We appreciate you taking the time to apply for employment at our company, but have decided to hire another applicant at this time. Since this hiring decision was based at least in part on information contained in a consumer report, we are required by section 615(a) of the FCRA to notify the applicant in writing, or by electronic means. By law, you must be notified of the following:

1. The name, address, and telephone number of the CRA(s) that provided the report. Reference your hiring decision the following CRA(s) were utilized: ___________________________________________________
   ___________________________________________________
   ___________________________________________________
2. The CRA(s) did not make the adverse hiring decision and are not able explain to you why the decision not to hire you was made. The CRA(s) are utilized only as a professional investigative and/or consumer information service.
3. You are being provided a copy of the "consumer report" that is attached to this notification form before taking any adverse employment action based in whole or in part on the consumer report.
4. You (consumer) have the right to dispute directly with the CRA(s) the accuracy or completeness of any information provided by the CRA(s).
5. This company expects to finalize its decision regarding your employment within the next several days. If you have any questions, please call.

By signing this applicant waiver document the applicant is authorizing the procurement of a consumer report by this company as part of the preemployment background investigation. If hired, this authorization shall remain on file and shall serve as an ongoing authorization to procure consumer reports at any time during my employment period. Additionally, by signing this document this company is disclosing to you that a consumer report, including an investigative consumer report containing information as to your character, general reputation, personal characteristics, public record information, previous employer reviews, education records, criminal history, personal references, driving records, credit, and mode of living may be obtained from Federal, State and other agencies, companies and other organizations for employment purposes as part of the preemployment background investigation and at any time during your employment. If this company considers any information in the "consumer report" when making an employment related decision that directly and adversely affects you, you will be provided with a copy of the "consumer report" before the decision is finalized You will also be provided a written summary of your rights under the Fair Credit Reporting Act.

I authorize, without reservation, any party or agency contacted by this company , employees, agents, and assigns to furnish the above mentioned information.

I hereby release and discharge this company and the (CRA) Consumer Reporting Agency(s) requesting, investigating and/or providing information and/or consumer report(s) and their employees, agents, successors and assigns, from any and all liability that may arise our of the investigative and/or consumer report of my background as set forth herein.

I certify that the facts contained in this application are true to the best of my knowledge and understand that, if employed, falsified statements on this application shall be grounds for dismissal. Further, I understand and agree that I may be required to take and pass a drug test as a condition of hiring and/or continued employment. (Drug testing includes pre-employment, random, for cause and post accident) I agree to consent to take such test(s) at such time as designated by this company and to release to this company, its agents, officers or employees from any claim arising in connection with the use of such test(s).

I understand and agree that if hired, my employment is for no definite period and may regardless of the date of payment of my wages and/or salary. Be terminated, with or without cause, at the option of either this company or myself at will.

Note: All applications remain active for six months. After this period of time, applicant must submit a new application. Please sign below to signify receipt of the foregoing disclosures.

_____________________________________	_______________________
Print Name	Social Security Number

____________________________________________________	________________________________
Applicant's Name	Date

PRIVACY STATEMENT