Employers are required by the FCRA (Fair Credit Reporting Act) to provide applicants with a pre-adverse action letter if the employer will make an adverse decision based in “whole or in part” on information in a background check report. The pre-adverse action letter informs the applicant that the employer may make an adverse decision based on information contained in their report, and gives the applicant an opportunity to receive a copy of the report and dispute any of the information contained therein. After you have provided the applicant a “reasonable” amount of time (The FTC’s opinion is that five business days is reasonable), to dispute information in their report, you must follow up with an ‘Adverse Action’ letter if you will take adverse action based on the report.
As a courtesy, ProScreening provides a fast and easy way for you to send these letters to your applicants from within the Applicant Tracking System. These letters will be available when the report status is listed as ‘Complete.’ To send a letter to your applicant, click on ‘Request New Letter.’
Note: The Adverse Action Letter Request feature will not be visible until the report has been completed.
Choose the appropriate letter from the ‘Choose Letter Type’ drop down menu. You can view a description and sample of each letter from the drop down menu.
The Pre-adverse Action letter is required by the FCRA to be sent first. The follow-up Adverse Action letter option will only be available after sending the initial pre-adverse action letter.
A note will be placed in the file indicating the date the letter was requested, the name of the requester and the date the letter was sent.