| Correct!
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.
Question:
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.
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