Employment Compliance Forms

Data Facts is providing these sample forms for informational purposes only. Data Facts recommends clients obtain legal advice on the use of these forms.

Users of Consumer Reports (Non-Investigative) must:

1. Have the applicant sign a Release Authorization separate from the application before requesting the report.
2. If Adverse Action is being considered and before the final decision, provide the consumer with the Notice of Intent to Take Adverse Action form, a copy of the "Summary of Your Rights under the FCRA" and a copy of the Consumer Report. (This gives the consumer the opportunity to dispute any information that may be incorrect or incomplete.)
3. Once a final decision not to hire has been made, send the consumer the Final Notice of Adverse Action Letter.

Users of Investigative (includes information obtained through personal interviews) Consumer Reports must:

1. Have the applicant sign a Release Authorization separate from the application before requesting a report.
2. Provide the applicant with a copy of the "Summary of Your Rights under the FCRA". This is a federally required document that explains what course of action applicants can take if they wish to dispute the findings of a background check or consumer report.
3. If Adverse Action is being considered and before the final decision, provide the consumer with the Notice of Intent to Take Adverse Action form, a copy of the "Summary of Your Rights under the FCRA" and a copy of the Consumer Report. (This gives the consumer the opportunity to dispute any information that may be incorrect or incomplete.)
4. Once a final decision not to hire has been made, send the consumer the Final Notice of Adverse Action Letter.

1. Sample Release Authorization Form

This form gives courts, schools and other government agencies the applicants' legal permission to provide background information for employment purposes. Have your applicant complete and return this form as part of your application process.

Release Authorization
(Spanish) Release Authorization

Release Authorization (CA/MN/OK)
(Spanish) Release Authorization (CA/MN/OK)
(Please note: Evergreen contracts not allowed in CA)

Release Authorization - Contractor/Volunteer

Release Authorization - Canada/Countrywide

Release Authorization - Canada/Provincial

Release Authorization - China

2. Summary of Applicant Rights under the FCRA

You will need to give your applicant a copy of the "Summary of Your Rights under the FCRA." This is a federally required document that explains what course of action applicants can take if they wish to dispute the findings of a background check or consumer report.

Summary of Your Rights under the FCRA

3. Adverse Action

If you decide not to hire an applicant based in whole, or in part, due to his/her background screening results, employers are required to complete a process known as Adverse Action.

Notice of Intent to Take Adverse Action
Final Notice of Adverse Action

4. CA - Applicant Form

CA Applicant Form
(Spanish) CA Applicant Form
CA Civil Code

5. NY State Correction Law 23A

NY State Correction Law 23A

Click below to learn more about FCRA compliance and definitions:

Using Consumer Reports: What Employers Need to Know

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