A consumer reporting agency shall not furnish a consumer report containing medical information for employment purposes unless conditions are met, according to Legal Information Institute.
Key takeaways
- Run the two report limits as separate checks on the request in front of you.
- Treat pre-offer medical questions as their own checkpoint, apart from the report rules.
- Before you share a report that includes medical information, match the share to the original purpose.
- Use the publisher table when you need the source line for a stage of hiring.
The bar on furnishing medical information in an employment report
The statute sets a clear boundary for consumer reporting agencies when they handle consumer reports for employment purposes. This restriction applies specifically when the report is furnished for employment purposes or in connection with a credit or insurance transaction. The text explicitly excludes medical contact information that is treated in the manner required under section 1681c(a)(6) of the title, according to Legal Information Institute.
For recruiters and hiring managers, this means the reporting company cannot simply include medical facts in a standard background check used for hiring. The bar is absolute unless the agency meets the specific exceptions outlined in the law. The provision distinguishes between the general prohibition and the specific branch of the rule that applies when the report is furnished for employment purposes or in connection with a credit transaction, according to Legal Information Institute. This branch introduces the conditions that must be satisfied before any medical information can be included.
It is important to note that the statute does not require every background report to contain medical information. The rule is a limitation on what can be furnished, not a mandate to include it. The agency must actively choose to include such information and meet the legal prerequisites to do so. This applies to consumer reports that contain medical information, which is distinct from other types of consumer information that may be included in a report for employment purposes.
The exclusion for medical contact information is a specific carve-out. This means that if the report includes medical contact information, and that information is treated as required by section 1681c(a)(6), it is not subject to the same bar as other medical information. However, this is a narrow exception. The core medical information about the consumer remains protected from being furnished for employment purposes unless the specific limits are met.
The two limits: relevance and specific written consent
When you request a consumer report for employment purposes, the statute sets two distinct conditions before medical information can be included. You must verify both conditions are met in the specific transaction you are processing. The first condition requires that the information to be furnished is relevant to process or effect the employment or credit transaction, according to Legal Information Institute.
The second condition requires that the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished, according to Legal Information Institute. This consent must be specific to the report being furnished. For example, if the report will be used to evaluate an applicant for a specific role requiring physical exertion, the consent must describe that specific use.
Recruiters should treat these two limits as separate checkpoints. First, determine if the medical information is relevant to the specific employment transaction. If it is not relevant, you should not request it. Second, ensure you have obtained specific written consent that describes the use. If you lack this specific consent, you cannot proceed with the request for that medical information. The statute does not allow for implied consent or oral consent for this specific type of information.
Keep in mind that these limits apply to the furnishing of the report. They do not replace other rules, such as those governing medical questions before a conditional offer. Those rules are separate and must be followed independently. When you review a report from a consumer reporting agency, check that the agency has documented both the relevance and the specific written consent. If the agency cannot demonstrate both, the inclusion of medical information may not be permissible under the statute.
For small staffing teams, this means creating a checklist for each report request. One line on the checklist should ask: "Is the medical information relevant to this specific job?" The next line should ask: "Do we have specific written consent describing this use?" If the answer to either question is no, do not request the medical information. This practice helps ensure your hiring process stays within the bounds of the statute. It also protects your company from potential liability for improper use of consumer reports.
Medical questions before a conditional offer are a separate rule
The prohibition on asking medical questions before a conditional job offer is a distinct rule from the limits on furnishing medical information in a consumer report. You must treat these as two separate compliance checkpoints during the hiring process. The first checkpoint occurs before you extend an offer, and the second occurs when you request or receive report data.
According to the U.S. Equal Employment Opportunity Commission, do not ask any medical questions before a conditional job offer has been made. This guidance appears in the context of the Genetic Information Nondiscrimination Act, or GINA. The EEOC’s publications explain this law, and the directive is clear: the timing of the question is the critical factor.
The Job Accommodation Network states the general rule that employers cannot ask medical questions or require medical exams at this stage. This applies to the pre-offer phase specifically. The source identifies this as a general rule for the "Medical Exams and Inquiries" topic.
ADA.gov explains that the law restricts questions that can be asked about an applicant’s disability before a job offer is made. This restriction is part of the broader framework that requires employers to make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities. This requirement applies unless it results in undue hardship. The Guide to Disability Rights Laws frames this as a limit on pre-offer questioning.
These three sources align on the timing. The EEOC specifies "before a conditional job offer." The Job Accommodation Network specifies "at this stage," referring to the pre-offer period. ADA.gov specifies "before a job offer is made." For your hiring team, this means the interview process must conclude without medical inquiries until you have formally extended a conditional offer.
Do not pass medical information onward except as the statute states
The statute restricts who can receive medical information once it has been disclosed for a specific purpose. According to Legal Information Institute, any person that receives medical information pursuant to paragraph (1) or (3) shall not disclose such information to any other person. This prohibition applies to the recipient of the information, not just the original reporting company. If your team receives a report containing medical facts, the restriction on further disclosure attaches to you as the recipient.
There are two narrow exceptions to this ban on disclosure. First, you may disclose the information as necessary to carry out the purpose for which the information was initially disclosed. Second, you may disclose it as otherwise permitted by statute, regulation, or order. These exceptions are specific and narrow. They do not create a general right to share medical information with other team members, other departments, or other clients. If the initial purpose was to evaluate an applicant for a specific role, sharing that medical information with a different hiring manager for a different role is not covered by the first exception.
Illustrative example: two limits on one report
A staffing team wants one consumer report for an employment transaction. The report would include medical information. The team checks relevance: the information is relevant to process or effect that employment transaction. The team checks consent: the consumer has given specific written consent that describes the use in clear and conspicuous language. Both limits are met, so the request can include the medical information. The team then keeps the information with the people needed for that same purpose and does not pass it onward. If either limit had failed, the team would leave the medical information out of the report.
Reference table of publisher rules on medical facts in a hiring report
Use the table below to verify which rule applies to your specific stage of the hiring process. The Legal Information Institute entry combines the two conditions required for furnishing medical information in an employment report: relevance to the transaction and specific written consent. The U.S. Equal Employment Opportunity Commission entry addresses the separate prohibition on medical inquiries prior to a conditional offer.
| Publisher | Rule on medical information in hiring reports | Source URL |
|---|---|---|
| Legal Information Institute | A consumer reporting agency shall not furnish for employment purposes a consumer report that contains medical information unless the information is relevant to process or effect the employment transaction and the consumer provides specific written consent describing the use in clear and conspicuous language. | (Legal Information Institute) |
| U.S. Equal Employment Opportunity Commission | Don't ask any medical questions before a conditional job offer has been made. | ( U.S. Equal Employment Opportunity Commission) |
Related checks include ADA staffing responsibilities: 9 topics to review, Verify 9 rules before asking for employee medical records, and Medical documentation: 8 staffing reference entries.
Check both limits on today's request
Pull the one report request you would send today. Confirm the relevance limit and the written-consent limit in that request before you include medical information. Stop the medical portion if either limit is missing.
FAQ on medical information in a hiring report
What does the statute say a reporting company may not furnish for employment?
A consumer reporting agency shall not furnish for employment purposes a consumer report that contains medical information about a consumer, unless the two statutory conditions are met, according to Legal Information Institute. The bar applies to reports containing medical information, other than medical contact information treated in the manner required under section 1681c(a)(6) of this title. This restriction is part of the permissible purposes of consumer reports under 15 U.S. Code § 1681b.
What two limits apply when the report is for employment?
The information to be furnished must be relevant to process or effect the employment transaction, and the consumer must provide specific written consent for the furnishing of the report, according to Legal Information Institute. Both conditions must be satisfied before the reporting company can include the medical information in the report used for employment.
What must the written consent describe?
The consent must describe in clear and conspicuous language the use for which the information will be furnished, according to Legal Information Institute. The consent must be specific and written. It is not enough to have general permission; the description of the use must be clear and conspicuous.
Are medical questions before a conditional offer allowed?
No. Do not ask any medical questions before a conditional job offer has been made, according to U.S. Equal Employment Opportunity Commission. This rule is separate from the consent requirements for consumer reports. It applies to the timing of medical inquiries during the hiring process.
May the person who receives the medical information pass it on?
No. Any person that receives medical information pursuant to the statute shall not disclose such information to any other person, according to Legal Information Institute. Disclosure is permitted only as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order. Keep the information restricted to those necessary for the initial purpose.