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Correct!
B) Under the
"workplace investigation exception" of the FCRA,
an employer can request, and a CRA can provide a consumer
report without the employer getting consent from the consumer
as long as the report is about a current employee, and the
employer is investigating a suspicion of a policy violation
or a violation of the law. This exception does not apply
to an applicant. Additionally, the employer will still have
to provide the employee with a summary of the nature and
substance of the consumer report or communication upon which
adverse action is based, if it takes adverse action.
A
CRA can provide a criminal history consumer report to an
employer who does not have consent from an applicant/employee
on what basis:
a)
never
b)
only for a current employee any time the employer is investigating
a suspicion of wrongdoing or violation of the law
c)
always, all that matters is that the CRA get a certification
from the employer that it has consent, but there is no duty
to confirm this fact
d)
any time the employer is investigating a suspicion of wrongdoing
or violation of the law
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