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California Case Reminds Employers of FCRA “Standalone” Requirement

Two men recently sued their former employer for using authorization and disclosure forms they claimed did not comply with the requirements of the FCRA. In their complaint, the men alleged that their former employer obtained background checks without providing clear disclosures in a document that consisted only of the disclosure.

It is well-established that under the FCRA, a disclosure for employment screening purposes must

(i)  be “clear and conspicuous,” and

(ii) “in a document that consists solely of the disclosure” (also known as the “standalone disclosure requirement”).

The District Court agreed with the former employees, finding that the disclosure form did not meet the FCRA standalone requirements because it contained several extraneous items rendering it no longer a standalone document.

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The importance of FCRA compliance cannot be overstated. As such, Hire Image continues to provide the most up-to-date information, as it is made available. Please contact us if you have any questions about the FCRA or your own background screening policy.

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