Navigating Adverse Action During the Background Check Review Process

Before initiating Adverse Action, employers should consider the Equal Employment Opportunity Commission‘s guidance and conduct an individualized assessment. The assessment involves examining the nature and severity of the offense, the time that has passed since the offense, and how it relates to the job position. Factors like prior history and evidence of rehabilitation should also be considered. Some jurisdictions legally require employers to conduct individualized assessments and provide written analyses to candidates.

The adverse action process includes several steps. Employers must send a Pre-Adverse Action notice to the candidate, along with a copy of the background check report and a summary of their rights under the Fair Credit Reporting Act. A reasonable waiting period is then provided for the candidate to respond. Employers must review the candidate’s response, reconsider corrected information, and pause the process if there are disputes. A final adverse action notice is sent if the decision remains adverse or if the candidate does not dispute the report. This notice informs the candidate of their right to dispute the decision and obtain another copy of the background check report.