The 24-point employer compliance checklist.
Six surfaces — disclosure and authorization, pre-adverse workflow, waiting-period cushion, EEOC individualized assessment, dispute handling, and continuous-monitoring posture — with the statute, regulation, or case-law citation behind every line. Use it interactively below, or print it and walk through it with your team.
Most employers we audit can confidently check 16–20 of the 24 boxes without further work. The remaining four to eight are typically where the litigation risk lives. Your progress is saved on this device only.
Disclosure & authorization
- Disclosure is a clear, conspicuous, standalone document.FCRA §604(b)(2)(A); Syed v. M-I LLC (9th Cir. 2017); Gilberg v. CCC (9th Cir. 2019)
- Disclosure contains no liability waivers, releases, or extraneous info.Syed v. M-I LLC; Gilberg v. CCC
- Authorization is separately signed (not bundled into the employment agreement).FCRA §604(b)(2)(A)
- If running continuous monitoring, disclosure explicitly contemplates ongoing screening.FCRA §604(b)(2)(A) (interpretive)
Pre-adverse workflow
- Pre-adverse notice issued before any adverse decision is communicated.FCRA §604(b)(3)(A)
- Copy of the consumer report enclosed (not just a summary).FCRA §604(b)(3)(A)(i)
- Current CFPB Summary of Rights enclosed (March 2024 version or later).12 C.F.R. §1022 App. K
- Pre-adverse template includes a clear dispute pathway and CRA contact.FCRA §611; §1681g(c)
Waiting-period cushion
- Default waiting period is at least 5 business days from candidate receipt.FTC informal guidance; case law consensus
- California candidates: full 5 business days + extension if dispute filed.Cal. Civ. Code §1786 (ICRAA)
- New York City candidates: pre-adverse window + Fair Chance Act response window.NYC Fair Chance Act; NYC Admin. Code §8-107(11-a)
- Los Angeles + Philadelphia overlays applied automatically by the ATS.LA County Fair Chance Ord. (eff. 9/3/2024); Phila. FCRSA
EEOC individualized assessment
- Decision documentation captures nature of the offense + time elapsed + nature of the job.EEOC Enforcement Guidance N-915.002 (Apr. 25, 2012)
- Candidate is given an opportunity to provide context before final decision.EEOC 2012 Guidance §V.B.9; Green v. Mo. Pac. R.R. (8th Cir. 1975)
- Disqualifying-offense lists are job-related and consistent with business necessity.Title VII §703(a); Griggs v. Duke Power (1971)
- Decision documentation is retained for at least 4 years.29 C.F.R. §1602.14
Dispute handling
- CRA conducts a real reinvestigation (not just a database re-run) within 30 days.FCRA §611 (15 U.S.C. §1681i)
- Pre-adverse waiting clock pauses while a dispute is open.FCRA §611(a)(5); FTC informal guidance
- Updated report is delivered; final adverse-action decision uses corrected version.FCRA §611(a)(5)(A); §615(a)
- Dispute close-rate metric is tracked; >0.5% closed-as-frivolous warrants vendor review.Internal benchmark
Continuous-monitoring posture
- Original disclosure explicitly contemplates ongoing post-hire monitoring.FCRA §604(b)(2)(A) (interpretive)
- Authorization for continuous monitoring is a standalone document.Syed v. M-I LLC (9th Cir. 2017)
- Each actionable alert flows through the full pre-adverse + final adverse-action sequence.FCRA §604(b)(3); §615(a)
- Alert handling includes the EEOC individualized-assessment workflow.EEOC Enforcement Guidance N-915.002 (2012)
Bring the boxes you couldn't check to a free 15-minute call.
Our compliance desk walks through whatever is left on your list against the FCRA federal floor and the jurisdictions that add the most overlay. You get a written one-page summary in three business days. No sales follow-up unless you ask.