[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-276961-105":53,"doc-detail-276961-en":127},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":120,"head_meta":122,"extra_data":124,"updated_unix":126},105,"en","fcra-adverse-action-kit","FCRA Adverse Action Kit","","Kit provides practical guidance for complying with the Fair Credit Reporting Act (FCRA) adverse action notice requirements when employment decisions are based on information from a Consumer Report used for employment purposes. It explains the process and timelines, including the pre-adverse action step with required documents and the applicant’s opportunity to respond, followed by the written adverse action letter. It also references optional mailing methods and provides recommended individual assessment questions when criminal record information is involved.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/fcra-adverse-action-kit/276961/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/fcra-adverse-action-kit/276961.png","ImageObject",442,249,{"name":88,"@type":89},"Ben ","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-11-01","2026-09-15",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",13,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"When does the FCRA require adverse action notice under employment background checks?","Question",{"text":109,"@type":110},"When an adverse employment decision is made in whole or in part based on information in a Consumer Report obtained for employment purposes, the affected person must be notified.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"What documents must be sent in the pre-adverse action step?",{"text":114,"@type":110},"The applicant should receive a copy of the “summary of his/her rights under the FCRA,” a copy of the report, and a “Pre-Adverse Action” cover letter before the action is taken.",{"name":116,"@type":107,"acceptedAnswer":117},"How long should an employer wait before sending the adverse action letter?",{"text":118,"@type":110},"The kit notes the FTC view that five business days would be reasonable, while also emphasizing that specific jurisdictions may require different waiting periods that must be followed.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},276961,1790523628,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":47,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":73},2336478951081,"https://ap-avatar.wpscdn.com/davatar_276721f389ce27ea32af1340a28f341c","01/21  \nThe FCRA (15 U.S.C. § 1681) states that if you take “Adverse Action” (i.e., decide not to hire, promote, transfer, or retain an applicant, employee, independent contractor or volunteer) based in whole or in part on information in a Consumer Report obtained for employment purposes (i.e., a background check), you must notify them.  \n(Under the FCRA,“employment purposes” also pertains to persons being considered for placement through a temporary staffing agency, contract agency, or as an independent contractor. Using background checks for volunteer positions also falls under the FCRA guidelines.)  \nOnce the decision has been made that adverse action may be taken based in all or part of the information obtained in the background check, you have a choice of sending the needed letters, report copy and notices yourself or to have ESS complete the process on your behalf. For a review of what happens when ESS completes this process on your behalf see the FCRA/Adverse Action page on the ESS Internet Report Access System (IRAS) [https://iras.essclientservices.com](https://iras.essclientservices.com)  \nSteps Involved in the FCRA Adverse Action Process  \nStep One: Pre-Adverse Action Letter (before adverse action is taken)  \nSend the applicant a copy of “summary of his/her rights under the FCRA,” a copy of their report, and a “PreAdverse Action” cover letter before the action is taken.  \nSend To The Applicant:  \n• Pre-Adverse Action Letter.  \n• Summary or Your Rights Under The Fair Credit Reporting Act  \n• A copy of the report  \nThe clear intent of the FCRA Adverse Action steps is to give the applicant/employee an opportunity to dispute or explain information in the Consumer Report before the adverse action is taken. After the individual receives the above information, the FCRA is totally silent on how long an employer should wait before following up with the prescribed Adverse Action Letter. When ESS handles this process for our clients, we send the documents via e-mail unless specified otherwise. We wait 5 business days before following up with the Adverse Action Letter (except where extended by state/city law) . Documents may also be sent by mail, express mail, or certified mail if requested. *Please note there is an additional cost for any mailing service.  \nIf you have a specific question that is pertinent to your decision to begin this process,(such as verification discrepancies, criminal history, other negative information), you may add this request to the pre-adverse action notice/documents sent to the applicant.  \nWhen criminal record information is a factor, you may consider including the EEOC’s recommended Individual Assessment questions:  \nAreas that may be helpful in providing a statement are:  \n1. Do you believe that any part of the criminal record is inaccurate or improperly reported? If so, please explain.  \n2. Would you like to provide any additional facts, context, or mitigating circumstances surrounding the offense(s) cited in the ESS report? If so, please explain.  \n3. Have you met all obligations (fines, probation, jail, rehab programs, etc) imposed by a court so far? If not, please explain.  \n4. Have you participated in any rehabilitative efforts, education, or training since the offense(s) listed in the ESS report?  \n5. If asked, can you provide additional employment or character references?  \n6. Have you held a job since your last conviction? For how long? Was it the same type of employment as you are applying for?  \n7. Have you received any Certificate of Rehabilitation, Certificate of Good Conduct, or similar recognition of your fitness for employment by any government or organization?  \n8. Do you believe the convictions in your report are related to the duties of the job you applied for? Why or why not?  \n9. Are you bonded under any federal, state, or local bonding program?  \nThe applicants should be given a “reasonable opportunity to respond” before they are informed that their offer has been rescinded, s","cbCaihxdyyGkw9m0","https://ap.wps.com/l/cbCaihxdyyGkw9m0","pdf",386325,"English","# Steps Involved in the FCRA Adverse Action Process\n## Step One: Pre-Adverse Action Letter (before adverse action is taken)\n## Step Two: Adverse Action Letter (after adverse employment decision is made)","[{\"question\":\"When does the FCRA require adverse action notice under employment background checks?\",\"answer\":\"When an adverse employment decision is made in whole or in part based on information in a Consumer Report obtained for employment purposes, the affected person must be notified.\"},{\"question\":\"What documents must be sent in the pre-adverse action step?\",\"answer\":\"The applicant should receive a copy of the “summary of his/her rights under the FCRA,” a copy of the report, and a “Pre-Adverse Action” cover letter before the action is taken.\"},{\"question\":\"How long should an employer wait before sending the adverse action letter?\",\"answer\":\"The kit notes the FTC view that five business days would be reasonable, while also emphasizing that specific jurisdictions may require different waiting periods that must be followed.\"}]","FCRA Adverse Action Kit | PDF",1789496602]