Volume 9, Edition 10, October 2013

This Month’s Challenge is sponsored by:



The Answer is (D). Noteworthy is the fact that the FCRA’s original bill language in 1995 required 5 days but was amended to “a reasonable time” before passage of the legislation. However, some courts have seen the 5 days mentioned in the Congressional record and thought that is what Congress believed was “reasonable.” In its 2012 guidance, the EEOC seeks to change the measure of “reasonableness” to be based on the employee’s need rather than the needs of the employer. However, if the employer cannot wait 5 days or however long the consumer needs, then business necessity should control.

How much time does the FCRA require between the pre-adverse action letter and the adverse action letter for employment purposes?

A. 5 days

B. A reasonable time to allow the consumer to dispute and correct the adverse information.

C. 30 days

D. A reasonable time measured by the employer's hiring needs.


Disclaimer Statement: All information presented is for information purposes only and is not intended to provide professional or legal advise regarding actions to take in any situation. Advertisements are presented for information and marketing purposes only and the National Institute for Prevention of Workplace Violence, Inc. makes no representations for any products or services that are promoted and accepts no responsibility for any actions or consequences that occur as a result of any purchases from advertisers.