Picture this: Sam just got a call for a second interview at her dream company. Meanwhile, Jordan, the HR manager, is prepping paperwork for a background check. Both are about to go through a process shaped by rules you might not think about—until you’re in their shoes. Let’s talk about compliance, the FCRA, and why disclosure and consent aren’t just legal hurdles, but essential steps for both the employer and the job seeker.
For employers, the Fair Credit Reporting Act (FCRA) is more than just red tape—it’s the playbook for running background checks the right way. For applicants, it’s a safeguard, ensuring your information is handled with respect and transparency.
Let’s get right to the heart of it: running a background check without proper disclosure and authorization isn’t just a slap on the wrist—it’s a legal landmine for companies, and a critical protection for applicants. If you’re wondering why these steps are absolutely required, here’s the deep dive both sides need.
The Legal Bottom Line: It’s the Law
The Fair Credit Reporting Act (FCRA) sets a clear mandate: before any background screening involving a “consumer report” (think credit checks, criminal history, employment verification, etc.), employers MUST:
- Disclose—in a standalone document—that a background check will be run for employment purposes.
- Obtain written authorization from the applicant before proceeding.
Skipping or mishandling this isn’t a minor paperwork error. It can lead to lawsuits, fines, and regulatory action. In fact, class action suits over FCRA violations have cost companies millions in recent years. For hiring managers, it’s not just about compliance; it’s about avoiding serious business risk.
Why It Matters for Employers
- Legal Risk: Failing to comply can trigger regulatory investigations and massive lawsuits. Even technical mistakes (like combining the disclosure with other forms) have landed companies in hot water.
- Reputation: Mishandling sensitive personal data damages trust. Candidates talk, and word travels fast—especially if someone feels their privacy was violated.
- Fairness: The process is designed to ensure all candidates are treated equally. Skipping steps can appear to be biased or unfair, even when unintentional.
Why It Matters for Applicants
- Transparency: Disclosure means you’re not being secretly investigated. You have the right to know what’s being checked and by whom.
- Consent & Control: Authorization gives you a say in whether your information is shared or not. You can ask questions, clarify what’s being sought, or even opt out.
- Accuracy: If there’s a mistake in your report, you’ll know what’s coming and can prepare to dispute it. This could be the difference between landing the job or being passed over for something that wasn’t your fault.
The Big Picture
Disclosure and authorization aren’t just bureaucratic steps—they are the foundation of a fair, transparent, and respectful hiring process. They’re there to protect everyone: companies from lawsuits, applicants from unfair surprises.
So, next time you’re part of a hiring process, remember: skipping these steps isn’t just risky—it’s simply not an option.
In hiring, shortcuts can cost more than time—they can cost trust, money, and opportunity. That’s why disclosure and authorization are non-negotiable.
Post by
Rusty Whatley
February 17, 2026
February 17, 2026
Serving as COO of B&B Reporting, Rusty brings a wealth of expertise in operations and a commitment to ensuring top-notch background reporting services. With a passion for accuracy and excellence, Rusty plays a pivotal role in shaping the company's success.
