Two Recent Ninth Circuit Decisions Concerning the Fair Credit Reporting Act and Background Checks With Mostly Employer Favorable Outcomes!

The Ninth Circuit ruled generally employer favorable in two recent decisions concerning background checks and disclosures. The highlights in these two cases were that the background check disclosure may contain explanatory language as long as it isn’t excessive and confusing; the disclosure can be presented at the same time as other materials, as long as the disclosure is on a separate form; the language in a separate authorization form has no impact on the disclosure form’s compliance with the Fair Credit Reporting Act (FCRA) standalone requirements; and the pre-adverse action letter does not have to require the opportunity for the applicant to discuss the report with the employer.  

The National Law Review published a very informative article outlining the outcome and key points of both cases. Please go here for their explanation.

Compliance with the FCRA can be challenging and legal decisions occur regularly that can make staying informed very difficult. Specific standards and processes are paramount to a quality, compliant employment screening program. That’s why OPENonline is with you every step of the way. To learn more about our capabilities and how our unparalleled suite of background screening services can save money with cost-effective solutions; as well as increasing productivity and mitigating risks, contact us at 866-776-2146.

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

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

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