The U.S. Court of Appeals for the Ninth Circuit recently ruled in Syed v. M-I, LLC that a prospective employer violated the Fair Credit Reporting Act (FCRA) when it obtained a job applicant’s consumer report after including a liability waiver in the required disclosure document. Although the prospective employer in this case provided the mandated disclosures, it incorporated into the same document an agreement that the applicant waive his right to sue M-I and its agents for violation of the FCRA. The class action was filed, seeking statutory damages, punitive damages, and attorney’s fees and costs. Pursuant to his decision, companies must ensure that their FCRA-required disclosures do not contain a liability waiver.
Hiring Tips Blog

Federal Appeals Court Concludes that Employer Violates Fair Credit Reporting Act by Including Liability Waiver in Mandated Disclosure
Apr 15, 2017 | Fair Credit Reporting Act
Recent Posts
- Cleveland Will Prohibit Salary Inquiries and Require Salary Ranges in Job Postings
- Avoid EEOC Complaints
- The “Gold Standard”
- US Replaces ‘Noncitizen’ with ‘Alien’ in Employment Verification Form of Foreign Workers
- Trump’s Immigration Enforcement Against Employees Has Been Gradual. That May Soon Change.
Categories
- Background Check Compliance (99)
- Background Check Laws (58)
- Background Screening (39)
- Biometric Identification (2)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (176)
- Data Protection & Privacy (96)
- E-Verify Issues (74)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (48)
- Employer Negligence (36)
- Employment Screening (134)
- Fair Credit Reporting Act (108)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (2)
- Hiring Legal Compliance (1)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (85)
- IT and Data Security Hiring (10)
- Medical & Pharmaceutical Industry Hiring (9)
- Occupational Fraud (10)
- Pre-employment Drug Testing (182)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (19)
- Uncategorized (1)
- Wage History Checks (4)