Background Checks and Employment Class Actions: FCRA Cases, Disclosure Forms, State and Federal Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to employment counsel regarding class action litigation brought under the Fair Credit Reporting Act (FCRA) as these cases are on the rise, particularly in California, after the U.S. Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA's disclosure requirements. The panel will provide best practices on utilizing background checks as part of the hiring process while avoiding lawsuits for noncompliance with disclosure or adverse action requirements. Plaintiffs' firms will also be advised on the potential statutory and actual damages, punitive damages, costs, and attorneys' fees that can be acquired from these types of cases.
- FCRA cases
- Walker v. Fred Meyer Inc.
- Luna v. Hansen & Adkins Transport Inc.
- Concise explanatory language
- Simultaneous disclosures
- Separate authorization form
- Disclosure requirements
- Standalone requirement
- Clear and conspicuous
- Adverse action
- Disclosure and pre-authorization.
- Pre-adverse action letter/copy of report/rights under FCRA
- Waiting period
- Adverse action letter
- Potential penalties for noncompliance
- State and federal litigation
- DISH Network
The panel will review these and other key topics:
- What guidance on FCRA and employment law has been provided in the recent Ninth Circuit cases?
- What are the disclosure requirements for an FCRA background check?
- What types of adverse actions are considered under FCRA background checks and what are the steps an employer must take?
- What is the status of current FCRA cases in state and federal litigation?
Pamela Q. Devata
Ms. Devata specializes in all aspects of employment defense including counseling, training, and litigation. She... | Read More
Ms. Devata specializes in all aspects of employment defense including counseling, training, and litigation. She also has a special emphasis on the Fair Credit Reporting Act (FCRA) and state laws effecting background screening. She counsels both employers and providers (resellers and consumer reporting agencies) of background information on compliance requirements under the FCRA and related state laws.Close
Cindy D. Hanson
Ms. Hanson focuses her practice on complex commercial litigation and class action defense. She has handled hundreds of... | Read More
Ms. Hanson focuses her practice on complex commercial litigation and class action defense. She has handled hundreds of matters under the Fair Credit Reporting Act. Her practice includes the representation of both consumer reporting agencies and entities who furnish information to consumer reporting agencies.Close