Public record information for employment purposes 15 USC s 1681k

Understanding How Your Public Record Information Can Be Used by Employers

When you're applying for a job, employers might want to know more about you than what's on your resume. Under the Fair Credit Reporting Act, specifically in section 15 U.S.C. § 1681k, there are rules about how consumer reporting agencies can share your public record information – like court records and other legal information – with employers.

What Counts as Public Record Information?

• Criminal records
• Bankruptcy filings
• Legal judgments

When Can Employers Get This Information?

Employers can request this information when they're considering you for a job, promotion, reassignment, or retention as an employee.

Accuracy and Up-to-Date Requirements

If a consumer reporting agency is giving an employer your public record information that might have a negative impact on your job opportunities, they must make sure this information is correct and current. For example, if you had a criminal record that has been cleared or expunged, the reporting agency needs to check that they aren't reporting outdated information that could unfairly influence the employer's decision.

Notifying You About the Report

If an employer decides to take "adverse action" (like not hiring you or firing you) based on this public record information, they first have to tell you about it and give you a copy of the report they received. This is to ensure you have a fair chance to look at what's being reported about you and correct any inaccuracies.

Example of How This Might Play Out

Imagine you've applied for a job and everything is going well. But the employer decides to do a background check and requests your public record information from a reporting agency. The agency sends the employer a report showing you had a bankruptcy filing five years ago. If the employer considers not hiring you because of this bankruptcy, they need to follow the rules set by section 15 U.S.C. § 1681k – they must ensure the information is accurate, notify you, and provide you with a copy of the report they received. This gives you the opportunity to verify the information and address any mistakes.