CLASS ACTION

EMPLOYMENT BACKGROUND CHECK REPORT DISPUTES

In a digital age where information about job applicants and employees are commonly compiled for employment purposes, regulations to ensure the dispute process and accuracy of background check reports cannot be compromised.

Under both Federal and California laws, background check companies are required to use "reasonable procedures to assure maximum possible accuracy." However, according to the National Consumer Law Center, criminal background check companies' reports routinely contain errors including misleading information. If you have been subject to a background check report which contains inaccurate, incomplete or outdated information, you have rights.

An employer or potential employer should not consider mistakes, errors, or inaccuracies on background check reports. Furthermore, in California, in most cases, employers should not consider convictions that been dismissed pursuant to PC § 1203.4 when deciding to hire, demote, or fire an applicant or employee.  If the employer or potential employer intends to take any adverse action based on the applicant's or employee's background check report, it is required to send a copy of the background check report and a summary of rights under the Fair Credit Reporting Act, and give the applicant or employee a reasonable opportunity to dispute the information on the background check report before the employer takes adverse action. If there are any mistakes, errors, inaccuracies or information that should not be on the background check report, the applicant or employee has the right to dispute his or her background check report with the employer and the background check company (often called a "consumer reporting agency" or "CRA").

If an employer or potential employer actually takes adverse action because of any information on an applicant's or employee's background check report, the employer is required to send a second notice informing the applicant or employee that adverse action has been taken based on the background check report.

If your background check report contains inaccurate, incomplete, outdated, or misleading information, or if you believe that you have been wrongfully denied employment by an employer in California, due to a background check report, please contact the office.