In an article published in Law360, Kersten Holzhueter updates readers on a recent court ruling upholding strict procedures that employers must follow when obtaining criminal background records and credit histories from third parties on employees and applicants.
Kersten details the specific steps mandated by the Fair Credit Report Act (FCRA) that employers must take before requesting a background or “consumer report.” After outlining these steps, she mentions that “although the remedies for noncompliance are severe, employers can avoid the risks of litigation by implementing relatively simple policies and procedures.”
You can read the entire article here.
Kersten Holzhueter is a full-service litigator for financial services companies defending a wide-range of claims including wrongful foreclosure and violations of statutes such as the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Truth in Lending Act, Equal Credit Opportunity Act, and state consumer protection statutes.