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Hiring Your First Employees: Background Check Rules

Business laws · Federal · Reviewed October 29, 2026 · General information, not legal advice
General information only, not legal advice. Prem Tax and Accounting Corp is a CPA firm, not a law firm. Laws change: confirm with the official source or a licensed attorney before you act. Read the full notice.

The Fair Credit Reporting Act (FCRA) governs the credit-bureau style reports employers use to hire, promote or keep staff. The Federal Trade Commission, the Consumer Financial Protection Bureau and state attorneys general can enforce it, and people can sue. For owners adding their first employees, a background check is where it applies, whatever the headcount. Our checklist is the Porch-Light Screening Sequence, below. The statute is 15 U.S.C. 1681 to 1681x.

The short version

  • Any employer getting a consumer report from a reporting agency for hiring, promotion, reassignment or retention is covered; there is no employee-count threshold.
  • Before the report: a stand-alone written disclosure and the person's written authorization.
  • Before an adverse action: a copy of the report and a summary of rights (some trucking jobs differ).
  • Willful violations: $100 to $1,000 per consumer, plus punitive damages, costs and fees.

Slide show: The FCRA in four slides

  1. What counts

    A consumer report comes from a consumer reporting agency. An employer's own first-hand records are not one.

  2. Before the check

    The disclosure stands apart from the application, and the person signs an authorization.

  3. Before the decision

    A copy of the report and a written summary of rights go to the person first. The FCRA sets no fixed waiting period.

  4. After the decision

    The notice names the agency, says it did not decide, and explains the free report within 60 days and the right to dispute.

Who it covers

GroupCovered?Note
Any employer using an employment consumer reportYesNo minimum headcount
Illinois employers, credit checksMostBarred unless the job fits a listed exception
Illinois employers with 15 or more employeesYesNo criminal-history question before interview selection or a conditional offer, with exceptions

The numbers

ItemAmountYear
Willful violation, per consumer$100 to $1,000, plus punitive damagesCurrent, not indexed
Negligent violationActual damages, costs and feesCurrent
Time to sueEarlier of 2 years after discovery or 5 years after the violationCurrent
The screening sequence steps in order
  1. Disclosure and written authorization
  2. Report copy and summary of rights
  3. Notice; 60 days to request a free report
  4. Dispose of the report data securely

Source: 15 U.S.C. 1681b and 1681m, 16 CFR 682

The Porch-Light Screening Sequence

  • Decide which jobs get checks, with one standard per job.
  • Keep the disclosure and authorization on a separate form.
  • Draft both notices before the first check.
  • Calendar secure disposal, such as shredding or wiping.
  • Check Illinois limits before asking about credit or criminal history.

What it means for year-round planners

Mistakes people make

  • Placing the authorization inside the job application, or wrapping it in extra text.
  • Acting on a report before the person has a copy and the summary of rights.
  • Asking about criminal history earlier than Illinois or Cook County allows, or rejecting on a conviction without written notice and 5 business days to respond.

A candidate's complaint, a demand letter, or drafting the forms is where an attorney comes in.

Common questions

Does the FCRA apply to an employer with one employee?

Yes. It covers any person using a consumer report for employment, with no headcount test.

Can an employer run a credit check in Illinois?

The FCRA sets the steps, but the Employee Credit Privacy Act bars credit inquiries unless the job fits a listed exception, such as unsupervised access to cash or assets worth $2,500 or more.

How long does someone have to sue?

The earlier of 2 years after discovering the violation or 5 years after it happened.

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