Background Checks: The Advent of the New California Employment Class Action - McDermott Will & Emery

Background Checks: The Advent of the New California Employment Class Action


Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to lawsuits for noncompliance with disclosure or adverse action requirements. Plaintiffs’ firms are turning their attention to these cases because of the potential for statutory and actual damages, punitive damages, costs and attorneys’ fees.

Please join us for a complimentary webinar on Thursday, July 30 as we discuss strategies to help employers avoid and defend these claims.

Key takeaways will include:

  • Trends and developing issues in FCRA case law
  • Common pitfalls in background check disclosure forms
  • Strategies for defending FCRA class actions in state and federal courts
  • The future of FCRA litigation in the employment space

MCLE credit is pending in California, Illinois and New York. A Multi-Jurisdiction Certificate of Attendance will be made available to participants requesting MCLE credit in all other jurisdictions. To be eligible to earn a CLE certificate, you must attend the entire webinar. Credit for partial attendance will not be provided.

Registration Information

11:00 am – 12:15 pm (PDT)

Zoom webinar.

More information provided upon registration.

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