Back to Basics: Are Background Checks The New Class Action Battleground?

The vast majority of employers perform background checks on applicants. Over the past couple of years, California employers’ background check obligations have been complicated by “ban the box” and “fair chance” laws.

Earlier this year, the Ninth Circuit “checked” California employers again in a class-action lawsuit by ruling that background check disclosure forms that include state law disclosure forms are illegal and that a background check disclosure violated the Fair Credit Reporting Act (“FCRA”) because it was not “clear” due to a misplaced semi-colon!

Check mate, Ninth Circuit.

As a result, background check violations are quickly becoming the new breeding ground for class action lawsuits. Join Fisher Phillips attorneys Miranda Watkins and Adam Sloustcher for a complimentary webinar that will discuss the Ninth Circuit’s ruling in Gilberg v. California Check Cashing Stores, LLC, the FCRA and the California Investigative Consumer Reporting Agencies Act (“ICRAA”) requirements, the current status of California (and local) “ban the box” and “fair chance” laws, and what steps employers should be doing now to make sure your background check documents and procedures are compliant.

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*This program has been submitted to the HR Certification Institute and SHRM for review.