The Ninth Circuit Court of Appeals recently granted a dismissal for lack of standing in Mitchell v. Winco Foods. The Fair Credit Reporting Act (FCRA) case was dismissed when the Ninth Circuit agreed that Mitchell failed to establish the requisite standing because she alleged that WinCo’s job application forms were not FCRA-compliant, however she failed to demonstrate how those alleged violations harmed or presented the risk of harm to her protected interests. When discussing the possibility that Mitchell was simply confused by the disclosure, the court referenced its own decision in the case of Syed v. M-I, LLC, in which it held that “the [FCRA] disclosure requirement at issue … creates a right to information by requiring prospective employers to inform job applicants that they intend to procure their consumer reports as part of the employment application process.”
Hiring Tips Blog

Reminder: Confusing Background Check Disclosures Can Get an Employer in FCRA Hot Water!
Jan 2, 2019 | 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)