Job Offer Revoked After Background Check? FCRA & 'Ban the Box' Violation Checker
Check whether an employer violated the mandatory 2-step Fair Credit Reporting Act (FCRA) pre-adverse action notice rules—carrying $100–$1,000 statutory damages plus punitive damages.
1. Enter Your Case Details Runs in your browser
2. Your result Live Output
- Direct Federal FCRA Violation (§ 1681b(b)(3)): Employer rescinded my job offer IMMEDIATELY upon seeing the background report without first sending a 'Pre-Adverse Action Notice' — Before rejecting an applicant based on a background check, the employer MUST first send a Pre-Adverse Action Notice, a copy of the report, and a right to dispute errors.
- Waiting Period Violation: Employer failed to wait at least 5 business days after sending the report before making a final decision — Both federal FCRA case law and California's Fair Chance Act require a minimum 5-business-day window for the applicant to respond or correct errors.
- Standalone Disclosure Violation (§ 1681b(b)(2)): Background check disclosure was buried inside a 10-page job application instead of a standalone document — 15 U.S.C. § 1681b(b)(2)(A) mandates a 'clear and conspicuous disclosure... in a document that consists SOLELY of the disclosure'.
- Fair Chance Act Violation: Employer asked about criminal history BEFORE extending a conditional job offer ('Ban the Box' violation) — California, New York City, Illinois, and 35+ jurisdictions prohibit inquiring into criminal history prior to a conditional offer.
Upload your lease, contract, or notice to our core AI workspace.
3. How the rule works
Who this is for
Job applicants whose offer was withdrawn after a background check, and employers checking that their screening process follows the Fair Credit Reporting Act and California's Fair Chance Act.
The FCRA applies to background checks from a consumer reporting agency, not to an employer's own internet searches.
What to have ready
- The disclosure and authorization forms you signed.
- A copy of the background report.
- Every email from the employer about the offer and its withdrawal, with timestamps.
- Any notice of your rights that came with the report.
The rule
Under 15 U.S.C. § 1681b(b)(2), an employer must give a clear written disclosure, in a document consisting solely of the disclosure, that a background report may be obtained, and get the applicant's written authorization. Before taking adverse action based on the report, § 1681b(b)(3) requires the employer to give the applicant a copy of the report and the summary of rights. The statute does not set a waiting period, but the Federal Trade Commission has said about five business days is reasonable. Willful violations allow actual or statutory damages of $100 to $1,000, punitive damages and attorney's fees (§ 1681n).
California Government Code § 12952 (the Fair Chance Act) bars employers with five or more employees from asking about conviction history before a conditional job offer. If the employer then wants to withdraw the offer because of a conviction, it must make an individualised assessment, give written notice with the reasons and the report, and allow at least five business days to respond before a final decision.
Read the official text:
- 15 U.S.C. § 1681b (permissible purposes, employment)
- 15 U.S.C. § 1681n (willful noncompliance)
- California Government Code § 12952
Worked example: checking the timeline
An applicant in San Diego gets a conditional offer on Monday, August 4. The report arrives Wednesday, August 6, showing a 2016 misdemeanor.
Aug 6 Employer emails: 'offer withdrawn' (no copy of the report) Problem 1: no pre-adverse notice with the report and summary of rights Problem 2: no individualised assessment or 5-business-day response window Lawful sequence: notice Aug 6 -> response window to Aug 13 -> final decision Statutory damages if willful: $100 to $1,000 per violation (§ 1681n)
Common mistakes
- Not getting a copy of the report. Ask the screening company directly; you are entitled to it.
- Disputing only with the employer. Errors in the report must be disputed with the reporting agency, which generally must reinvestigate within 30 days.
- Assuming all old records must be removed. The seven-year limit for non-conviction records does not apply to convictions, and has exceptions for high-salary jobs.
- Missing the deadline to sue: two years from discovery, and no more than five years from the violation.
Limits of this tool
- Fair chance rules vary by state and city; many cities have their own ban-the-box ordinances.
- Some jobs are exempt from state fair chance laws, for example where a background check is legally required.
- The checklist does not judge whether a conviction is job-related.
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- Ask the employer and the screening company for a copy of the report.
- Dispute any errors with the reporting agency in writing.
- Note the dates of the offer, the report and the withdrawal, and keep every email.
5. Frequently Asked Statutory Questions (15 U.S.C. § 1681b(b)(2)–(3) & § 1681n (FCRA); Cal. Gov. Code § 12952 (Fair Chance Act))
How long must an employer wait after the pre-adverse notice?
The FCRA does not fix a number of days, but the FTC has said around five business days is reasonable. California's Fair Chance Act requires at least five business days for conviction-based decisions.
What damages are available for a willful FCRA violation?
Actual damages or statutory damages of $100 to $1,000, plus punitive damages and attorney's fees, under 15 U.S.C. § 1681n. Negligent violations allow actual damages and fees under § 1681o.
Can a California employer ask about convictions on the application?
Not if it has five or more employees. Questions about conviction history must wait until after a conditional offer.