Do we have to get permission to run a background check?

August 20, 2024

You certainly do! The Fair Credit Reporting Act (FCRA) requires you to get permission from an applicant or employee before conducting a background check. It also has specific notice requirements, such as providing the applicant or employee a summary of their FCRA rights and the appropriate adverse action letters if you decide not to hire them or terminate their employment because of the background check. A number of state laws also have background check requirements. ​​​​​

This Q&A does not constitute legal advice and does not address state or local law.