Reminder to Employers – Steps to Take When Screening Prospective Employees
We came across this article posted by JD Supra and Perkins Coie. The article 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!
The 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.