May 24th, by Roy Maurer @ www.SHRM.org
Employers covered under the 8th U.S. Circuit Court of Appeals are not necessarily required under federal law to provide job applicants with criminal convictions a chance to explain a negative background check report before rescinding a job offer.
A unanimous three-judge panel of the court ruled May 3 that while the Fair Credit Reporting Act (FCRA) does give job applicants the right to dispute the accuracy of background checks, it does not confer a right to argue accurately reported convictions before losing a job offer.