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Saturday, November 26, 2022

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Reminder to Employers – Avoiding Accidental FCRA Liability When Screening Prospective Employees

Reminder to Employers – Avoiding Accidental FCRA Liability When Screening Prospective Employees

JD Supra posted this article discussing accidental FCRA liability when conducting background checks. It’s a straightforward explanation and a guide to employers who screen prospective employees.

This article, posted by JD Supra and Perkins Coie back in April 2019, is a good complement to their latest article noted above. The post does a great job of outlining FCRA requirements, steps employers should take when screening new hires, highlights of two Ninth Circuit decisions, perils of violating the FCRA, and takeaways for employers!

A recent Ninth Circuit ruling in Gilberg v. California Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (9th Cir. 2019) reminds us that the Fair Credit Reporting Act (FCRA) requires specific steps to be taken when employers obtain consumer reports for employment purposes. This decision further delineates the perils of including state required language on the disclosure, particularly if the state language included is not the state where the subject will work. With the increase in litigation on disclosure/authorization forms employers should have their disclosure authorization forms and processes reviewed by legal counsel.

The Federal Trade Commission also provides resource for employers. They produce guidance on background checks for prospective employers.

SelectHire, OPENonline’s full service screening solution can help. Please contact us for more information.

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This is not legal advice, for legal advice please seek legal counsel.

#backgroundchecks #backgroundscreening #FCRA #compliance #legalcompliance #hiring #FTC

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