Background Checks: The Advent of the New Employment Class Action (Part 2)

Part II: FCRA Adverse Action Claims and Ban-the-Box Laws

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.

In response to the challenges that this now brings, McDermott has developed a two-part webinar series to discuss strategies to help employers avoid and defend these claims. The first webinar in the series can be accessed here. Please join us for part two on Thursday, September 10.

Key takeaways will include:

• Continued discussion on disclosure and authorization, including differing and evolving standards by circuit and state
• Navigating FCRA adverse action claims related to notice requirements and prerequisite job qualifications
• Related adverse action litigation and trends
• Avoiding potential penalties for noncompliance with ban-the-box laws varying by state

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.