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Glossary · Payroll & compliance

Adverse action

A decision not to hire, place or keep someone based in whole or part on a background check report.

Definition

Under the Fair Credit Reporting Act, adverse action includes refusing to hire, place or promote someone because of information in a consumer report such as a background check. Before taking it, the employer must send a pre-adverse action notice with a copy of the report and the federal summary of rights, then give the person a reasonable chance to dispute errors or explain. If the decision stands, a final adverse action notice follows, naming the screening company and explaining the right to dispute. Many states and cities add their own fair-chance steps.

This definition is general information, not legal, tax or financial advice. Rules vary by state and change over time.

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