Court Decision – Another Reason Employers Should Review their Background Check Disclosure Forms - A Creative Services, Inc. Compliance Corner Article

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Court Decision – Another Reason Employers Should Review their Background Check Disclosure Forms

05.18.20

In light of another recent Ninth Circuit Court of Appeals case, employers should review their current disclosure forms for “clear and conspicuous” language consisting “solely” of the disclosure. Creative Services, Inc. (CSI) originally reported this litigation trend in 2017 and again in 2019 urging employers to review and update disclosures that may include “extraneous” information.

WHAT YOU NEED TO KNOW

This latest case sets a precedent of a very narrow view of what should be included in a background check disclosure for employment purposes. We encourage you to review your current disclosure forms with your counsel for any extraneous language that may be included.

Disclosure and authorization form compliance is an employer’s obligation under the Fair Credit Reporting Act (FCRA). CSI publishes sample Disclosure and Authorization forms on our website as samples only for which employer’s counsel, compliance and/or other specialists can review and edit as necessary.  More information regarding this case and the decision is available. Click here to learn more.

WHAT YOU NEED TO DO

     • Review your current disclosure and acknowledgement forms for FCRA compliance.
     • Check any applicable states to determine which, if any, additional state disclosures may be required.
     • Check any applicable states to determine which, if any, ban the box laws may be applicable.
     • Train all hiring managers, recruiters and HR staff on any newly implemented forms.
     • Consult with your legal counsel or labor law attorney as necessary.

Information provided should not be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.

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