Which of the following is true regarding employers and adverse action requirements?

The requirement for employers to comply with adverse action requirements stems from the Fair Credit Reporting Act (FCRA), which regulates how employers can use consumer reports in making employment decisions. If an employer takes an adverse action, such as denying employment or promoting someone based on a consumer report, the FCRA mandates that they must provide the applicant with a notice explaining the adverse action. This is crucial for ensuring transparency and protecting consumer rights.

The correct answer emphasizes that employers are required to follow these regulations unless they did not procure a consumer report at all. If an employer does not use a consumer report in their decision-making process, then they are not subject to the adverse action requirements. Thus, the key point is that the obligation to comply exists whenever a consumer report has been utilized in making a decision that affects the employment of an individual.

This underscores the importance of understanding that compliance with adverse action requirements is not optional and cannot be disregarded based on personal belief or the employer's assessment of necessity. It reinforces accountability in the hiring process and ensures that applicants are informed of the reasons behind decisions that impact their employment opportunities.