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Social Media: Fair Credit Reporting Act

Reference Number: MTAS-1610
Reviewed Date: 04/07/2020

An applicant may claim to have legal causes of action if he or she has been turned down for a job as a result of online information. Pursuant to certain provisions of the Fair Credit Reporting Act (hereinafter "FCRA"), an invasion of privacy lawsuit could be established and some experts suggest social networking sites themselves may be vulnerable to lawsuits under the FCRA. Employers should provide a written notice that explains your city may obtain a consumer report for employment purposes. Employers are also required by the FCRA to obtain the applicant’s signature before performing a background check and releasing the information This signature should be on a stand-alone FCRA notice and acknowledgement. A job application is not considered sufficient notice under the FCRA. If an adverse employment decision is made based on information discovered through a background check, the applicant should be notified as described in FCRA regulations.