Virginia’s New Record Sealing Laws Give a Second Chance to Reformed Individuals
Earlier this year, we covered Kansas City’s efforts to expand employment protections for individuals with criminal histories. Meanwhile, Virginia has...
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Learn the latest trends in employment background checks. This report uses real-life usage data to uncover how employers are screening across industries.
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1 min read
Verified Credentials Sep 5, 2019 12:00:00 AM
Last updated on 12-1-2023.
Employers should be wary of the increasing number of Fair Credit Reporting Act (FCRA) lawsuits brought against them. The FCRA is full of potential obligations for employers that obtain FCRA regulated background reports (called “consumer reports” under the FCRA) on their applicants and employees. It can be challenging for employers to determine whether they are meeting all their obligations under the FCRA (as well as under comparable state and local laws).
In a recent case, Schofield v. Delta Air Lines, Inc., No. 3:18-cv-00382-EMC, USDC, ND Cal., Feb. 27, 2019, Delta Air Lines, Inc. (Delta) was accused of, among other things, obtaining consumer reports on applicants and employees without providing them with proper disclosures and without receiving appropriate authorizations in violation of the FCRA (as well as California state law). The lawsuit alleged that Delta’s disclosures were not clear and unambiguous, contained extraneous information, and were not in stand-alone documents.
Some quick facts about the lawsuit, and the settlement agreement:
This case, with its large settlement amount, should serve as a cautionary tale for all employers: if you are going to obtain consumer reports for employment purposes, be sure that you:
Verified Credentials will continue to notify you of any significant changes in the laws, or major lawsuits, surrounding background checks as it becomes aware of them. However, as always, you should discuss your background screening program with your legal counsel to make sure that you remain on the right side of the developing area of background screening law.
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