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Answer 2. The
FCRA has always arguably applied to volunteers because reports
about them deal with whether they are eligible to volunteer
or not. The FTC has recently made clear its long time (but
unofficial) view that voluteers will fall under the "employment
purposes" permissible purpose of the FCRA in its recent
Forty Years Under the FCRA publication. As such, a non-profit
will be wise to comply with all of the requirements under
the Section 604 of the FCRA relating to a consumer report
obtained for employment purposes.
If
a company who is a non-profit wants to conduct a background
screen on its volunteers through a third party background
screening company, it must follow the following:
1-
The FCRA, but no consent is required and only the one-step
adverse action is required
2-
The FCRA, including the disclosure and authorization and
two-step adverse action requirements for employment purposes
3-
No law applies to background screening volunteers
4-
The FCRA, but only the two-step adverse action requirements
for employment purposes
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