If an employer learns about a job applicant's criminal history during a conversation, what is the employer's obligation?

When an employer learns about a job applicant's criminal history, the appropriate obligation is to comply with adverse action requirements. Under the Fair Credit Reporting Act (FCRA), if an employer decides not to hire an applicant based on information obtained from a background check, which includes criminal history, they must adhere to specific procedures. This includes providing the applicant with a notice that includes the report used in the decision and informing them of their right to dispute the accuracy or completeness of the information.

Complying with adverse action requirements is essential because it ensures that applicants have the opportunity to understand and potentially contest the findings that informed the employer's hiring decision. This process promotes fairness and transparency in the hiring process, which is a fundamental tenet of the FCRA.

The other options may not fully align with the legal obligations set forth under the FCRA in this context. While notifying the applicant could be seen as a good practice, it is not specifically mandated by the FCRA in every instance. Conducting further investigation might be necessary in some contexts, but it doesn’t address the obligations related to the adverse action taken based on the information obtained. Reporting to a credit agency is also not relevant to the employer's immediate obligations regarding the information learned from an applicant’s criminal history