Privacy Issues in the Workplace

report, the recipient of the report shall send a copy of the report to the consumer within three business days of the date that the report is provided to the recipient, who may contract with any other entity to send a copy to the consumer. The notice to request the report may be contained on either the disclosure form . . . or a separate consent form. The copy of the report shall contain the name, address, and telephone number of the person who issued the report and how to contact that person.” 72  The applicant must provide written authorization to procure the report, including but not limited to, circumstances when the report will contain medical information. 73

NOTE: As discussed under the FCRA above, Districts must narrowly tailor the written authorization to procure the report so as to not to be found to have willfully violated the provisions of the FCRA. 74 We recommend narrowly tailoring the authorization under the ICRA as well.

 The employer must certify to the ICRA that it has made the above disclosures, and must agree to provide a copy of the report to the applicant. 75  “Whenever…employment…is denied…under circumstances in which a report regarding the consumer was obtained from an investigative consumer reporting agency, the user of the investigative consumer report shall so advise the consumer against whom the adverse action has been taken and supply the name and address of the investigative consumer reporting agency making the report.” 76  After reviewing the report, if the consumer believes that the report is incomplete or inaccurate, the consumer may dispute the completeness or accuracy of “any item of information contained in his or her file.” 77  The Act establishes procedures for reinvestigation of the disputed matters and notice to the individual(s) who provided the information that the information is being disputed. 78 ii. Restrictions on Information in the Report Similar to the FCRA, the Act imposes strict limitations on the types of information which may be included in a report that is prepared by an ICRA. The following types of information may not be included in a report:  Suits that, from the date of filing, and satisfied judgments that, from the date of entry, pre- date the report by more than seven years.  Unsatisfied judgments that, from the date of entry, pre-date the report by more than seven years.  Unlawful detainer actions where the defendant was the prevailing party or where the action was resolved by settlement agreement.  Bankruptcies that, from the date of adjudication, pre-date the report by more than 10 years.

 Paid tax liens that, from the date of payment, pre-date the report by more than seven years.

Privacy Issues in the Workplace ©2019 (s) Liebert Cassidy Whitmore 25