Reply by LisaWI on 10/24/06 11:05am
Msg #154709
The link was intended to help those who made need a starting point in gaining knowledge in the process of getting a BGC. This pertains directly to independent contractors.
6. I am an independent contractor. What are my rights if the employer wants to do a background check?
The Federal Trade Commission staff has issued a couple of opinion letters about contractors and the Fair Credit Reporting Act.
Allison Letter. http://www.ftc.gov/os/statutes/fcra/allison.htm The letter (which is a staff opinion only and not binding of the FTC), said that a trucking operation that uses consumer reports to evaluate whether to hire truck drivers must comply with the provisions of the FCRA pertaining to consumer reports, including the disclosure and authorization provisions.
The letter goes on to say that even a homeowner who is considering hiring an individual to perform services for the homeowner is indeed required to comply with the FCRA when obtaining a "consumer report" on that individual. Like any employer, the homeowner must abide by the applicable disclosure and authorization provisions like any other employer.
Solomon Letter. www.ftc.gov/os/statutes/fcra/solomon.htm This letter further explains that the FTC staff subscribes to the view that the term "employment purposes," as used in the FCRA, should be interpreted broadly.
Background screening for volunteers may also come under the broad interpretation of “employment purposes” when an organization engages a
“consumer reporting agency.”
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