Ninth Circuit Reinforces Prohibition Against “Extraneous” Information In Background Check Disclosures

Our friends at Littler Mendelson P.C. recently posted this article:

On March 20, 2020, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act (FCRA).¹ The new opinion, like the two prior ones (Syed and Gilberg), reads the text of the FCRA literally, but also provides some practical guidance for drafting such disclosures.  Addressing a separate obligation that employers have to provide “pre-adverse” action notice when relying on background reports, the Ninth Circuit rejected the plaintiff’s argument that the FCRA affords a right to discuss the report directly with the employer.  Read the full article