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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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  • May 12 — New York City Bans Employers from Asking about Salary History in Job Interviews
  • May 04 — Indiana’s governor signed an executive order banning the box for jobs in the public sector. The order makes Indiana the 27th state to implement a ban the box policy at the state level.
  • 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.
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  • February 09 — Kentucky Governor Matt Bevin signed an executive order banning the box in the state government’s executive branch.
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