Q. We terminated an employee’s employment because of a recent conviction. A state agency has asked for details about the reason for the termination. Under the, what can we share with the agency regarding details on ?
A. The Fair Credit Reporting Act does not prohibit disclosure of consumer reports to third parties. However, the Credit Reporting Agency that performed themight include such a prohibition in its end-user agreement, so you should check the agreement. Disclosing information in background reports may cause issues, though, so disclose such information only with the employee’s consent, unless the business justification for doing so outweighs employee relations concerns. Consumer report information might also be disclosed in response to a subpoena.
Holly M. Robbins, Esq., is a shareholder and advises clients out of Littler Mendelson’s Minneapolis office.