Pre-Adverse and Adverse notice for employees

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Pre-Adverse Action:

When information provided by MinistrySafe or Abuse Prevention Systems may, in whole or part, adversely impact a consumer’s employment (e.g., they may not be hired, they may be terminated or demoted, etc.) the employer must provide the following to the consumer prior to making the employment decision:

  • A copy of the employment background investigation report, and
  • A copy of the document entitled A Summary of Your Rights Under the Fair Credit Reporting Act.

This is normally called the pre-adverse action notice. View a sample pre-adverse action notice here.

Adverse Action:

The FCRA requires a second notice be given to the consumer if, based in whole or part on the information provided by MinistrySafe or Abuse Prevention Systems, any adverse employment action is taken relative to the individual’s employment.

Normally called the adverse action notice, this second notice may be written or oral, although we recommend it be written. Although it must be a separate notice from the first notice, federal law does not prescribe a minimum time that must elapse between the two notices. In some cases, particularly in instances involving current employees, the pre-adverse action and adverse action notices may occur in the same meeting.

The Control Panel generates both notices to ensure that consumers are protected and organizations are compliant with the FCRA.

View a sample adverse action notice here.

 

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