OPENonline has posted multiple times about the current litigation frenzy surrounding employer background screening disclosures. But the language included in disclosures is already shaping up to be one of the hottest employer litigation topic of 2019.

Case in point is the recent Ninth Circuit ruling in Gilberg v. California Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (9th Cir. 2019). Since the decision on January 29, 2019, we haven’t been able to count the slurry of articles, emails, and posts covering the ruling.

What information matters? What processes are important? Although background checks are becoming standard protocol before an applicant is hired, it’s important to ensure absolute diligence in a few key areas.  With the new year around the corner it’s a great time to review the policies and procedures you have in place now and modify them if necessary.

This week two lawsuits, involving the language used on a background screening disclosure, were in the news.

One of the recent lawsuits was filed in the Northern District of California where the plaintiff asserted that her prospective employer, Alameda Health, used a disclosure form that contained too much and not enough information.

The other suit in the news this week involved a decision by the Ninth Circuit of Appeals regarding Gloria Mitchell v. Winco Foods, LLC, No. 17-35998, (9th Cir. 2018).  The plaintiff in this case alleged that the forms were not FCRA-compliant.

SelectHire® is OPENonline’s total employment screening solution that offers a convenient and FCRA compliant way to order background checks to ensure adherence to best practices and hiring laws. SelectHire allows you to customize your background screening process with selected background checks that our FCRA certificated Background Specialists perform for you. This helps make sure that the background checks are done consistently, accurately, economically, and returned to you in a timely manner. The majority of background screening reports are completed in one day or less!

The Fair Credit Report Act (FCRA) has specific requirements concerning disclosure and authorization forms prior to screening prospective employees. Failing to follow the criteria can lead to litigation.