The FTC blog post notes that a satisfactory combined disclosure and authorization form consists of a few sentences that include a notification that the employer will obtain a background check, a short explanation of what will be included in the background check report, and the employer’s request for authorization to run the report.
While the FTC’s advice is helpful, the agency could have gone further in addressing the compliance debate underlying countless lawsuits around the country around what disclosure and authorization language complies with the language of FCRA. Also, a model disclosure and authorization form sanctioned by the FTC would be helpful, but has never been issued. If you are running criminal background checks in the workplace, be mindful of the FTC’s push for simplicity, but it is also a good idea to check with legal counsel on whether your forms satisfy the hyper-technical requirements of FCRA and potentially applicable state and local laws.