Yes. Before getting a background check from a screening company, an employer must give you a clear written disclosure in a stand-alone document and get your written authorization. The disclosure cannot be buried in a job application.
Section 1681b(b)(2) of the Fair Credit Reporting Act sets two requirements before an employer can obtain a consumer report about you for employment purposes:
- Disclosure. The employer must make a clear and conspicuous written disclosure, before the report is obtained, that a consumer report may be obtained for employment purposes. The disclosure must be in a document that consists solely of that disclosure.
- Authorization. You must authorize the report in writing. The statute allows the authorization to appear on the same document as the disclosure.
The FTC’s guidance for employers puts it this way: the notice must be in writing and in a stand-alone format, and it cannot be part of an employment application.
Why the stand-alone rule matters
The disclosure is meant to stand out so you understand what you are agreeing to. A form that mixes the disclosure with extra material, such as liability waivers or unrelated terms, may not meet the “solely” requirement.
Employer certifications
Before a screening company can furnish a report for employment purposes, the employer must certify that it made the disclosure and got your authorization, will follow the adverse action requirements, and will not use the information in violation of equal employment opportunity laws (§ 1681b(b)(1)).
Ongoing checks
According to the FTC, if the employer wants your authorization to cover reports throughout your employment, it must say so clearly and conspicuously.
Exceptions
The statute has narrower procedures for certain applicants for commercial driving jobs regulated by the Department of Transportation, who may apply by mail, phone, or electronically. It also treats certain workplace misconduct investigations differently.
If you did not authorize it
If you learn an employer obtained a background check without a proper disclosure and your written authorization, keep the application materials and any forms you signed. A free case review can help you understand your options, with no fee unless we win.
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Updated November 2026. This page is general information, not legal advice.