In a Rare Employer Win – California Court Sides against Applicant in FCRA Dispute
While employers generally get nervous (and with good reason) regarding FCRA class action lawsuits, there is now a decision, and out of California, no less, in their favor. In Culberson v. Walt Disney Parks and Resorts, the California Court of Appeals affirmed summary judgment for the employer in a class action lawsuit alleging willful violations of both the standalone and adverse action provisions of the FCRA. Disney, the employer, had a standalone disclosure form that included a description of the report’s scope, a statement that Disney may share the information with affiliated companies, an explanation of the applicant’s rights, an explanation that a third party would produce the report, and the third party’s contact information. The court held that the FCRA does not make clear what information may be included and at the time the disclosures were at issue (2011 and 2013), there was no guidance as to what to include or not, as there is today. As such, ...