Employment Insight legal guidelines
Employment Insight and the law

The Fair Credit Reporting Act, as amended by the Consumer Credit Reporting Reform Act of 1996, allows users access to a consumer's credit report for employment purposes. The law imposes several conditions on users who pull consumer reports for employment purposes (Experian's Employment Insight report).

The law requires that users certify to Experian that:

  • Prior to pulling a consumer report, they provide a separate, written document to the consumer disclosing that a consumer report may be obtained for employment purposes and obtain written authorization from the consumer for pulling his or her consumer report
  • Prior to taking adverse action, based in whole or in part on the consumer report, the user will provide to the consumer a copy of the consumer report and a summary of the consumer's rights as prescribed by the Federal Trade Commission ("Consumer Rights")
  • The user will not use a consumer report in violation of any applicable federal or state equal employment opportunity law or regulation

The Fair Credit Reporting act has specific requirements on users taking adverse actions based on information contained in consumer reports. One of these duties includes providing Experian's name, address and telephone number to consumers. Your Experian sales representative can provide you with a copy of the complete requirements as prescribed by the Fair Credit Reporting Act.

Experian strongly recommends that employment not be denied solely on the basis of Employment Insight reports. Some states require additional notifications to consumers. (See State laws affecting Employment Insight below.)

The law also requires Experian to provide Consumer Rights to users of consumer reports for employment purposes. An initial supply of Consumer Rights will be provided to you by your Experian sales representative. Thereafter, a supply will be mailed to you periodically. Experian requires users to attach the Consumer Rights to each Employment Insight report that is received.

As part of the Employment Insight service, Experian notifies consumers that their file was accessed whenever the file contains derogatory public record information, such as bankruptcies, liens and judgments.

Employment Insight also prevents users from inadvertently violating equal employment opportunity laws by suppressing year of birth and spouse reference. It is also Experian's policy to suppress account number information that is irrelevant to hiring decisions. Additionally, Employment Insight inquiries display only on consumer reports provided to the consumer.

State laws affecting Employment Insight

California Civil code prescribes additional responsibilities for subscribers who procure an Employment Insight report on a consumer with a current address in California. California law requires that in addition to the written disclosure required by the Fair Credit Reporting Act, the user also must offer the consumer a box to check to receive a copy of the report at no charge to the consumer.

The state of Maryland requires account numbers associated with individual tradelines to be suppressed from all credit reports used for employment purposes. In compliance with this law, Experian suppresses account numbers on all Employment Insight reports, including reports on consumers that have current addresses in Maryland.

Minnesota's law affects subscribers who procure an Employment Insight report on a consumer with a current address in Minnesota. In addition to the written disclosure required by the Fair Credit Reporting Act, users must provide a box for the consumer to check to receive a copy of the report.