If an employer chooses to take any type of pre-adverse or adverse action, as defined by the FCRA, and that action is based at least in some part on information contained in a report generated from eMotive data, Section 615(a) requires the employer to notify the employee. We strongly recommend that is done as a matter of course. According to the FCRA, the notification may be done in writing, orally, or by electronic means, and must include the following information:
• The name, address, and contact information for Biometrica.
• A statement that Biometrica did not make the adverse decision and is not able to explain why the decision was made.
• A statement setting forth the individual’s right to obtain a free disclosure of their file from Biometrica, if the request is made within 60 days.
Please note, as mentioned above, we provide the means to print notifications and reports in seconds. Arrest reports include case file numbers of arrested individuals, and we would strongly recommend that in the case of an HR person or CRA determining a positive match to an employee, they follow up with the law enforcement jurisdiction concerned prior to determining further action.