Minnesota Supreme Court Sets the Record Straight on Municipal Employer Liability
A recent court decision has changed how Minnesota courts analyze whether municipalities may be liable for their hiring decisions—emphasizing that...
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Verified Credentials Jan 13, 2022 12:00:00 AM
Employers often struggle with the many disclosure and certification requirements of the Fair Credit Reporting Act (FCRA). A recently introduced bill in the US House of Representatives aims to provide new clarity on these requirements. On November 23, 2021, US Representatives Madeline Dean and Trey Hollingsworth introduced HR 6067, the Clarity in Consumer Disclosures Act of 2021. According to a press release by Representative Dean,
“[t]his legislation will direct the Consumer Financial Protection Bureau (CFPB) to create clear, plain-language model forms for consumer reports so that employers can fulfill the requirements of FCRA.”
If passed, the CFPB must, within one year of enactment of the law, develop and issue:
To the extent possible, the CFPB must attempt to create a single, integrated model form that complies with all of the above requirements. Any model forms or language developed by the CFPB must be in plain language understandable by an average reader, cannot contain citations to law, and must be easily adapted based on specific consumer reports.
Additionally, the CFPB must consider state laws when developing the model forms. Among other things, it must:
The bill includes a safe harbor provision, providing added protections to employers that use background reports for employment purposes. Employers that use a model form developed by the CFPB intended to meet a specific FCRA requirement and that accurately reflects the practices of that employer are considered to be compliant with that requirement.
Verified Credentials will continue to monitor the progress of this bill and release updates as it moves forward.
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