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Ninth Circuit Rules that Disclosures Containing Waivers Violate the FCRA

By Michael Klazema on 3/8/2017   |   Tags:   disclosure  FCRA

For the past 5 years, backgroundchecks.com has reported rulings of district courts around the country that have ruled that an employer’s inclusion of a liability waiver or other extraneous information in a disclosure violates the Fair Credit Reporting Act’s (“FCRA”) disclosure requirements found in §604(b)(2)(a). Now, for the first time, a federal court of appeals has weighed in on the disclosure requirement.

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  • March 13 — A Denver hospital was in the headlines last year for hiring a surgery technician who stole syringes of the painkiller fentanyl. New information suggests that a more thorough background check could have flagged the man’s addiction issues.
  • March 08 — On September 26, 2016, the state of California passed Assembly Bill 1843 that amended the Labor Code by prohibiting employers from asking an applicant for employment to disclose certain juvenile records. The amended Labor Code has been effective since January 1, 2017.
  • March 08 — For the past 5 years, backgroundchecks.com has reported rulings of district courts around the country that have ruled that an employer’s inclusion of a liability waiver or other extraneous information in a disclosure violates the Fair Credit Reporting Act’s (“FCRA”) disclosure requirements found in §604(b)(2)(a). Now, for the first time, a federal court of appeals has weighed in on the disclosure requirement.
  • March 07 — The Kentucky State Senate has approved a piece of legislation that would open the state’s child abuse and neglect registry to schools, camps, and parents. If passed, the law would allow anyone to request a search of the database.
  • March 06 — A federal judge in Florida has ruled that a plaintiff with a case against Amazon.com has the right to sue the company for an alleged violation of the FCRA. The suit accuses Amazon of failing to provide a standalone background check disclosure form free of extraneous information.
  • March 05 — A federal judge in Florida has ruled that a plaintiff with a case against Amazon.com has the right to sue the company for an alleged violation of the FCRA. The suit accuses Amazon of failing to provide a standalone background check disclosure form free of extraneous information.
  • February 21 — In January, a Washington, D.C. contractor was fired for being reckless with confidential patient files. The woman had a criminal record with two felony convictions, but a local background check did not list the offenses.
  • February 16 — A state representative in Wisconsin aims to make it a Class A misdemeanor to lie on a state application for professional licensing. It is illegal to lie on licensing applications but there is no protocol for prosecuting offenders.
  • February 14 — The schools in the University of Wisconsin System are considering criminal background checks for all student applicants. The deliberation was sparked by protests responding to a student on the UW-Madison campus who tried to start a white nationalist group.
  • February 09 — Kentucky Governor Matt Bevin signed an executive order banning the box in the state government’s executive branch.