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Posted over 4 years ago.

Thanks Benjamin. I'm familiar with the requirements of FCRA, as well as "FCRA Plus", authorization and disclosure requirements, etc., and the company I'm dealing with has in-house counsel as well, but as you might imagine they have no interest in providing guidance to a vendor of theirs in legal matters. My question really has to do with whether or not a client can request an actual COPY of the report, or is entitled under law only to some statement or certification regarding its findings.

Benjamin Davidson
Benjamin Davidson, Employment / Labor Attorney - Beverly Hills, CA
Posted over 4 years ago.

Thanks for clarifying. I cannot say for certain, but I don't believe that there is any legal distinction between providing them with an actual copy of the report or a "summary" of the findings of the report. In either case, an adverse action would have been taken based on the report itself. I would suggest that the safest approach would be to simply screen out any candidates for temp work so that the company need only consider candidates who have already passed the background check. Then they can select between pre-screened candidates. To the extent that the company would like to know what is in the report, you must make sure that the authorization signed by the candidate specifically advises them that the prospective employer may have access to information contained in the report.