Is Your Pre-Adverse Action Letter Up to Date?

Written by Larry Henry with and

As background screening company we have sample Pre-Adverse Action and Adverse Action Letter forms that we can provide to our clients.  Since the FCRA has not been amended, thoughts of changing these forms would seem to be a non-issue. However, the EEOC is poking its nose into the use of criminal records (often the information that results in adverse action). As a result, your Pre-Adverse Action Letter should also be reviewed in light of the EEOC Guidance. Most Pre-Adverse Action Letters are pretty “bare bones” and simply state this:

We are probably not going to hire you; here is your report and your rights; contact the CRA; we will take final action in “x” days.

Obviously this letter does not include any consideration of EEOC issues, including the desire for individual evaluation prior to rejecting the applicant. To protect you, the Pre-Adverse Action Letter should not only be FCRA complaint, but also be worded it in a way to comply with the recent EEOC Guidance.

Let us know if you need more help and have questions about this.