In a recent ruling in the United States Court of Appeals for the Ninth Circuit, a major validation of FCRA disclosure requirements was given. The case, Luna vs. Hansen and Adkins Auto Transport, Inc., Leonard Luna v Hansen Adkins Auto Transport Inc. involved whether or not an FCRA disclosure could be given at the same time as other materials.
The plaintiff, Luna, was an employee of Hansen & Adkins Auto Transport. When he applied for his job, he received a Commercial Driver Employment Application that contained multiple forms and pages including various authorizations and notices. Included in those forms were permissions granting the company to examine driving records, conduct drug testing and complete a background check.
In this case, the plaintiff argued that the FCRA disclosure requirements were violated by including the disclosure amongst other forms. However, the court decided that was not fair. While the FCRA disclosure must be independent and contain only the disclosure, nothing in the law suggests that it must be given independently of any other items.
This is great news for many employers who rely on FCRA disclosure forms but do not have the time to schedule multiple rounds of paperwork to accomplish all of the pre-screening necessary before hiring. As I covered in the blog here it is very easy to be compliant with the FCRA disclosure requirements. If you are ever unsure as to whether or not your application process and screening materials are legal and compliant, I am always here to help. When you do not follow the law, you are at risk for lawsuits like the one above. It only takes a single litigious and observant employee to notice that your FCRA disclosure was not presented properly and take you to court for thousands of dollars of fees. It is better to carefully prepare in advance than risk running afoul of a plaintiff and an eager lawyer looking for a payday.
James P. Randisi, President of Randisi & Associates, Inc., has since 1999 been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. Mr. Randisi can be contacted by phone at 410.494.0232 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
