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Westlaw News

9th Circuit says FCRA background check disclosures cannot reference state laws

A U.S. appeals court on Tuesday held that documents employers give to job applicants disclosing their rights under the federal law governing background checks cannot contain any reference to comparable state laws.

A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said the federal Fair Credit Reporting Act’s requirement that job applicants be given a document consisting “solely” of disclosures mandated by the law means they cannot include any information about state laws.

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