{"id":395141,"date":"2026-04-13T15:22:45","date_gmt":"2026-04-13T20:22:45","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=395141"},"modified":"2026-04-13T04:44:00","modified_gmt":"2026-04-13T09:44:00","slug":"pre-adverse-vs-adverse-action-notices-timing-content-and-templates","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/pre-adverse-vs-adverse-action-notices-timing-content-and-templates.html","title":{"rendered":"Pre-Adverse vs Adverse Action Notices – Timing, Content and Templates"},"content":{"rendered":"\n
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Pre-Adverse vs Adverse Action Notices – Timing, Content and Templates<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Employment background checks must follow federal Fair Credit Reporting Act guidelines as well as state and local laws, such as getting written consent. If an employer is to deny a job or promotion, there is a specific process of sending pre-adverse and adverse action notices.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

When employers run background checks<\/span> during hiring, they have to follow certain laws that protect job applicants<\/span> from unfair treatment. One important rule is the Fair Credit Reporting Act<\/span> (FCRA<\/span>), which requires employers to notify job applicants<\/span> if they find information in their background report that may affect the hiring decision<\/span>. Employers must send two specific notices: a pre-adverse action notice<\/span> and an adverse action notice.<\/p>\n

Why Do Employers Conduct Background Checks<\/span>?<\/h2>\n

During the hiring process<\/span>, employers want to assess the applicant\u2019s fit with the role. Not only do they consider skills, education, and experience, but they also want to make sure an applicant does not have any issues that would conflict with workplace safety, damage trust, or incur liability. For example, a bank may not want to hire someone convicted of embezzlement.<\/p>\n

There are laws governing background checks<\/span> such as the federal <\/span>Fair Credit Reporting Act<\/span> (FCRA<\/span>), and state and local \u201cBan the Box\u201d laws<\/a>. The FCRA<\/span> requires employers who use third-party background <\/span>screening<\/span> reports<\/span> to notify the applicant and get written consent before conducting them. \u201cBan-the-Box\u201d or \u201cFair Chance<\/span>\u201d laws, by contrast, prohibit employers from asking about criminal history or running criminal background checks<\/span> until after an interview or a conditional offer of employment.<\/p>\n

The rationale behind these laws is to prevent early-stage discrimination or screening out applicants based on background check<\/span> results<\/span>.<\/p>\n

How To Conduct Background Checks<\/span><\/h2>\n

Types of Background Checks<\/span><\/h3>\n

The different types of background checks<\/span> include:<\/p>\n