Legal Question in Civil Rights Law in Maryland

Employee Rights

Is it legal for an employer to pull an employees credit report without his/her knowledge?


Asked on 1/20/05, 4:39 pm

1 Answer from Attorneys

Michael Worsham Michael C. Worsham, Esq.

Re: Employee Rights

The Fair Credit Reporting Act, 15 USC 1681b(b) regulates the permissible purposes under which employers can access credit reports for employment purposes.

An employer may not procure a consumer report for employment purposes unless "(i) a clear and conspicuous disclosure must be made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and (ii) the consumer has authorized in writing [on the document] the procurement of the report by that person." 15 USC 1681b(b)(2)(A)(i) to (ii).

Thus, they have to get your permission in writing before accessing your credit report. Damges and attorneys fees are possible if these requirements are not met.

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Answered on 1/21/05, 11:38 am


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