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Tuesday, February 19, 2019

News Article


Background Check Disclosures Still Being Litigated. So Far - This is a Very Hot Employer Topic of 2019!

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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.

Background Screening Disclosure Forms Remain Under Fire!

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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.

Ban the Box Keeps Gaining Steam…

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We’ve posted several times about the constantly developing ban the box laws being implemented across the country. Over half of the states have passed some sort of ban the box law, and multiple county, city, and municipalities have enacted their own legislation, making it difficult for employers to ensure compliance with overlapping laws.

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