Employers’ Message Must be Clear and Conspicuous
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Employers’ Message Must be Clear and Conspicuous

In one of the many class actions filed against employers under the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA), a former employee attacked an employer's disclosures regarding background checks when she was a job applicant. Reversing summary judgment for the employer, the Ninth Circuit held a prospective employer's disclosure form did not comply with the standalone document requirement when it included "extraneous" state law notices and potentially "confusing" language. The law requires employers to make a "clear and conspicuous" disclosure to applicants that the employer may obtain a background report regarding the applicant, so the court said.

Gilberg v California Check Cashing Stores LLC