IAPP CIPP/US Practice Exam

Category - Professional

Which of the following is not a safeguard afforded to job applicants under the FCRA?
  1. Job applicants have the right to be informed of a background check.
  2. Job applicants have the right to review the information that references their personal and financial information.
  3. Job applicants have the right to appeal decisions if the applicant feels a decision was made unfairly.
  4. Job applicants have the right to receive an additional free report from the company if they request it within 2 years.
Explanation
Answer: D - According to the Federal Trade Commission, the Fair Credit Reporting Act provides many safeguards to job applicants. Job applicants have the right to be informed of a background check, provide written consent for a potential employer to perform a background check, review information about their personal and financial affairs, correct inaccuracies contained within the report, and appeal decisions that may have been made unfairly.

If an employer takes adverse action based upon the information contained within a background check report, the employer is required to provide notice of the adverse action to the job applicant. This notice is set forth to explain the job applicant’s rights to review the report and correct any inaccurate information contained within the report. The individual must be informed that a free report from the company may be provided if requested within 60 days. The Equal Employment Opportunity Commission requires employers to retain the background report for one year after the date which it was pulled or adverse action is taken by the employer. Employers are required to dispose of the consumer report after one year from that date.
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