- Disclosure and authorization: gaining consent to run background checks.
- Employer Background Checks – New Forms Required for FCRA Compliance.
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For example, California and some other states have their own background checking laws, with specific disclosure language as a pre-condition for obtaining background checks for employment purposes. In Gilberg v.
Employment Background Checks in California: A Focus on Accuracy | Privacy Rights Clearinghouse
The form also included the following language:. Please check this box if you would like to receive a copy of an investigative consumer report or consumer credit report if one is obtained by the Company at no charge whenever you have a right to receive such a copy under California law.
Gilberg signed this Disclosure form, and after a background check report was procured and reviewed, Ms. Gilberg was hired.
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After working five months, Ms. The trial court agreed and granted summary judgment.
California employers who have not reviewed and, as needed, updated their background checking disclosure forms since January 29, , the date the Gilberg decision was published, should do so now to ensure their forms do not contain any extraneous or confusing language, other than the information specifically required by the FCRA or separately, the ICRAA. How to comply? Employers should use this form when notifying a job applicant or employee that the employer is considering taking an adverse employment action based on a background check provided by a third party.
Employer Background Checks – New Forms Required for FCRA Compliance
The new form contains the necessary information about obtaining a security freeze. Background The FCRA imposes multiple notice and authorization requirements on employers who use third party entities to obtain background checks on employees for employment purposes. A detailed discussion of the FCRA and these employer obligations is available here.
The model forms now contain the necessary information relating to the right to obtain a security freeze. Employers: Action Required If they have not done so, employers should immediately replace the old version of the Summary of Your Rights document — which does not mention the security freeze — with the new version.
Background Check Forms and Notices For Employers
Further, because the FCRA continues to be a hotbed for litigation, including class action litigation, and because state and municipal governments continue to pass laws regarding background checks see, for example, here and here , employers should take this opportunity to review background check policies and procedures to ensure they are fully compliant with applicable legal requirements. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology.