What steps are necessary in an adverse action?
The adverse action process requires that employers send candidates two main notices:
A pre-adverse action notice. This notice is generally in writing and serves to inform the candidate that the employer is considering taking adverse action against them. This notice must include a copy of the candidate's background check and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act.
A final adverse action notice. Between the pre- and final adverse action notices, an employer must give the candidate a reasonable amount of time - typically five business days - to go over their background check, so that the candidate can dispute any incomplete or inaccurate information.