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⚖️ Statutory Authority: 15 U.S.C. § 1681b(b)(2)–(3) & § 1681n (FCRA); Cal. Gov. Code § 12952 (Fair Chance Act) · 🧮 Statutory Calculator

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.

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1. Enter Your Case Details Runs in your browser

Quick Test Scenarios:

Select Every Step the Employer Failed to Follow:

2. Your result Live Output

⚖️ Statutory Readiness & Prima Facie Checklist (4 Core Criteria · 100 Total Points under 15 U.S.C. § 1681b(b)(2)–(3) & § 1681n (FCRA); Cal. Gov. Code § 12952 (Fair Chance Act))
  • Direct Federal FCRA Violation (§ 1681b(b)(3)): Employer rescinded my job offer IMMEDIATELY upon seeing the background report without first sending a 'Pre-Adverse Action Notice' — Before rejecting an applicant based on a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.
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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Job applicants whose offer was withdrawn after a background check, and employers checking that their screening process follows the Fair Credit Reporting Act and California's Fair Chance Act.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:

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

  1. Ask the employer and the screening company for a copy of the report.
  2. Dispute any errors with the reporting agency in writing.
  3. 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.

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