Employers Face an Increase in Class Action Lawsuits Based on Pre-Employment Background Checks

An increasing problem facing employers is the threat of class action lawsuits related to their use of background checks. In these lawsuits, plaintiffs claim that employers are violating a federal statute called the Fair Credit Reporting Act (the “FCRA”), which regulates, among other things, an employer’s use of background checks performed by third-party providers. In the face of this potential exposure, it is extremely important that employers ensure they are complying with the FCRA’s notice and disclosure requirements.