SHRM and Entrepreneur Share Cleveland Partner’s Insights on Fair Credit Reporting Act Case

SHRM and Entrepreneur looked to Richard Millisor for his insights on a recent Eighth Circuit decision involving the Fair Credit Reporting Act (FCRA). The case stems from a lawsuit filed by a job applicant who claimed she should have been given an opportunity to explain a prior conviction before the job offer was withdrawn. But Rich explained that the FCRA doesn’t give applicants the right to explain negative but accurate information in a consumer report before the employer can make an adverse employment decision.

In his conversation with Entrepreneur, Rich reminds employers that when a discrepancy arises “it’s important not to jump to conclusions but instead follow the proper process outlined by the federal statute.” He goes on to explain to SHRM that the FCRA requires employers to “provide job applicants and employees with notice that they intend to make a decision based on a background report before making the decision, a copy of the report, a description of their FCRA rights, and a reasonable opportunity to respond to any information that may be incorrect.”

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