HR Watchdog - presented by CalChamber: Mar 1 2019 - Erika Pickles
A Ninth Circuit Court of Appeal’s rulinghas made already strict background check requirements even more stringent. The court held that the disclosure required under the federal Fair Credit Reporting Act (FCRA) can consist only of the FRCA disclosure; it can’t contain any additional information, including the disclosure required under California’s Investigative Consumer Reporting Agencies Act (ICRAA) (Gilberg v. California Check Cashing Stores, LLC,913 F.3d 1169 (9th. Cir. 2019)).
The FCRA requires that prior to obtaining an applicant’s consumer report, an employer must provide the applicant with a disclosure of its intention to do so and obtain the applicant’s consent. The disclosure must be “clear and conspicuous” and be provided in a standalone document that “consists solely of the disclosure.” The ICRAA contains the same requirements.