The Fair Credit Reporting Act is a hyper-technical law with some fairly stiff penalties.   

Keep in mind that if an employer bases an adverse employment decision on the results of a background report (or if it is a “factor” in the adverse decision) they are required to provide the proper pre-adverse action notice/disclosure.  

Another common error is having the disclosure as simply part of the employer’s application or having a form that contains a “wavier or release of liability statement.”

FCRA litigation continues for employers using background reports

Arnall Golden Gregory LLP
Two recent developments related to litigation and background screening. First, a major fast food restaurant chain became the subject of a class…