<P> If a consumer report is used as a factor in an adverse hiring decision, the applicant must be presented with a "pre-adverse action disclosure," a copy of the FCRA summary of rights, and a "notification of adverse action letter ." Individuals are entitled to know the source of any information used against them including a credit reporting company . Individuals must also consent in order for the employer to obtain a credit report . Pre-employment credit reports do not include a credit score . A pre-employment credit report will show up on an individuals credit report as a "soft inquiry" and do not affect the individual's credit score . </P> <P> Title XLV, section 768.095, of the Florida Statutes protects employers from negligent hiring liabilities, provided they attempt to conduct certain screening procedures . Employers who follow these steps will be presumed not to have been negligent when hiring if a background check fails to reveal any records on an applicant . </P> <P> There are a variety of types of investigative searches that can be used by potential employers . Many commercial sites will offer specific searches to employers for a fee . Services like these will actually perform the checks, supply the company with adverse action letters, and ensure compliance throughout the process . It is important to be selective about which pre-employment screening agency one uses . A legitimate company will be happy to explain the process . Many employers choose to search the most common records such as criminal records, driving records, and education verification . Other searches such as sex offender registry, credential verification, skills assessment, reference checks, credit reports and Patriot Act searches are becoming increasingly common . Employers should consider the position in question when determining which types of searches to include, and should always use the same searches for every applicant being considered for one . </P> <P> The amount of information included on a background check depends to a large degree on the sensitivity of the reason for which it is conducted--e.g., somebody seeking employment at a minimum wage job would be subject to far fewer requirements than somebody applying to work for a law enforcement agency such as the FBI or jobs related to national security . </P>

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