Litigation
Feb. 2, 2017
9th Circuit says OK go, despite Spokeo
A recent 9th Circuit case admonishes employers to heed the Fair Credit Reporting Act's stringent authorization requirements before they ask prospective employees for a background check. By Hunter Pyle
Randolph Hunter Pyle
Principal
Hunter Pyle Law
Labor & Employment
Phone: (510) 444-4400
Email: hunter@hunterpylelaw.com
UC Berkeley Boalt Hall
In addition to practicing law full time, Mr. Pyle is a Lecturer at Berkeley Law School where he teaches the Employment Law course to second and third year law students. He has also been a faculty member of the Stanford Law School Trial Advocacy Workshop for several yea
The Fair Credit Reporting Act (FCRA) prohibits employers from obtaining background checks, aka consumer reports, unless two things have occurred: (1) the employer has made a clear disclosure, in a writing of that consists solely of that disclosure, that it intends to obtain such a report, and (2) the person who is the subject of the report has authorized it in writing. California law contains similar requirements.
Employers s...
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