📘 Employer Guide

EMPLOYER OBLIGATIONS

As an employer (Per FCRA),  you may use consumer reports when you hire new employees, evaluate employees for promotion, reassignment, and retention.

Pursuant to the federal Fair Credit Reporting Act (the "FCRA") the undersigned, on behalf of the commercial driver  I (the "Employer"), hereby certifies the following regarding each of the MVR & PSP program records (the "Records") that Employer is requesting:

(1) The requested records will be used for employment screening purposes

(2) Prior to this request, Employer provided each Applicant a clear, separate and conspicuous written disclosure that the Employer is permitted to obtain the Records for employment purposes.

(3) Each Applicant has provided the Employer with written authorization permitting company to obtain a copy of the Applicant’s Driving Records.

Investigative Reports

Employers who use "investigative reports" – reports based on personal interviews concerning a person's character, general reputation, personal characteristics, and lifestyle – have additional obligations under the FCRA. These obligations include giving written notice that you may request or have requested an investigative consumer report, and giving a statement that the person has a right to request additional disclosures and a summary of the scope and substance of the report. 

Notice to Employers: If you intend to take adverse action as a result of this report you must provide the subject of this report a copy of the report along with our contact information and a Summary of their Rights under the Fair Credit Reporting Act.

Adverse Action Process:

Before taking Adverse Action, the employer must provide the following information to the applicant: If an employer denies a job applicant, terminates an employee, rescinds a job offer, or denies a promotion based on the results of a driving record or drug test, it is considered an adverse action.

Under federal law there are required steps that must be followed in order to be in compliance with the Fair Credit Reporting Act (FCRA). Adverse and Pre-Adverse action reports can be processed directly from your online account.

Employer Must Provide the Following:

STEP 1: Pre-Adverse Action Letter – Provide the Pre-Adverse Letter, Copy of the MVR Report and a Copy of the FCRA Summary of Rights to the applicant. This information is sent prior to taking any action and employer should allow the applicant 5 business days to dispute the accuracy of what was reported. This information can be emailed or sent via mail with evidence of receipt.

Employers can send the letters via email or can print out by selecting edit:

NOTE: To send disclosures via email the applicants email must be listed on their profile. If you did not enter at order time then click the EDIT APPLICATION INFORMATION button to enter their email address.

STEP 2: Adverse Action Letter – this notice is sent after employer decides to take adverse action of not hiring the applicant.

The following needs to be included with the letter:

(1) The name, address, and phone number of the CRA (Consumer Reporting Agency) that furnished the report.

(2) A statement that the CRA did NOT decide to take the adverse action and is unable to provide the applicant with specific reasons for the adverse action.

(3) A notice of a Consumer’s Rights to obtain a free copy of their MVR Report from the CRA within 60 days.

The applicant can go here to request a copy of their report: MVR Report Request Form