Background and credit checks are being used to screen applicants for jobs, but unless the standards of the Fair Credit Reporting Act (FCRA) are followed, the applicant may have a privacy and technology case against the potential employer. If an employer wants to conduct a background or credit check on an applicant, they must request permission from the applicant in writing, and the applicant must respond in writing to grant approval. Furthermore, if the employer is basing a decision to not hire an applicant because of their credit check, they must inform the applicant in writing and supply a copy of the credit report.
Sidney L. Gold & Associates have represented clients claiming that an employer or potential employer had distorted the information from their credit check to decline the applicant’s employment. It is the right of the employer to do so, but only if they followed the standards set by the FCRA. If they did not, our employment law attorneys in Philadelphia will review the case and decide with the client if a claim is warranted.