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NORTHERN CALIFORNIA RECORD

Tuesday, November 5, 2024

MCDERMOTT WILL EMERY: Background Checks: the Advent of the New Employment Class Action (Part 2)

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McDermott, Will & Emery LLP recently issued the following announcement.

Part II: FCRA Adverse Action Claims and Ban-the-Box Laws

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to lawsuits for noncompliance with disclosure or adverse action requirements. Plaintiffs’ firms are turning their attention to these cases because of the potential for statutory and actual damages, punitive damages, costs and attorneys’ fees.

In response to the challenges that this now brings, McDermott has developed a two-part webinar series to discuss strategies to help employers avoid and defend these claims. Please join us for part two on Thursday, September 10.

Key takeaways will include:

Continued discussion on disclosure and authorization, including differing and evolving standards by circuit and state

Navigating FCRA adverse action claims related to notice requirements and prerequisite job qualifications

Related adverse action litigation and trends

Avoiding potential penalties for noncompliance with ban-the-box laws varying by state

Date: September 10, 2020

Original source can be found here.

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