The past year saw a steep uptick in the number of class action lawsuits alleging violations of the Fair Credit Reporting Act (FCRA) in connection with background checks obtained by employers—and the litigation has continued unabated. With statutory damages ranging from $100 to $1,000 for willful violations and the potential for million-dollar settlements, savvy plaintiffs are increasingly pursuing FCRA actions against employers—and based on the current case law, they can raise these claims even if harm is not alleged or proven.

To help employers understand and navigate the intricacies of the FCRA in the context of employment background screening, Manatt and Scherzer International have partnered to lead a roundtable discussion that identifies emerging litigation trends and explores practical strategies for mitigating the associated risks.

During this interactive lunchtime presentation, attendees will:

• Understand the disclosure and authorization requirements that an employer must provide before procuring a consumer report under the FCRA, including the specific requirements of California.
• Review the requirements for notices, including when “adverse actions” are taken.
• Explore the interplay between the FCRA and anti-discrimination laws when background checks are used.
• Discuss best practices for compliance with the FCRA to diminish risk of litigation.
• Examine the current FCRA class action landscape, including broad trends and anticipated rulings, particularly with respect to pending litigation in the 9th Circuit.
• Assess the reasons for the rise in class action litigation, as well as the fact patterns and theories of liability on which plaintiffs’ class action attorneys are gambling to obtain substantial settlements.

This roundtable discussion with be led by Manatt partners Rebecca Torrey and Donna Wilson, and Jessica Staheli of Scherzer International.

The program will be held in Manatt’s Los Angeles office from 12:00 p.m. to 1:15 p.m. PT. Click here to register.