Waiver Not Allowed In Background Check Disclosure Form
Section 604(b)(2) of the FCRA states:
“Disclosure to Consumer. (A) In general. Except as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless – (i) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and (ii) the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person.”
Under the FCRA, an employer must inform an applicant the company intends to procure a background check or “consumer report” as a part of their hiring process. The U.S. Court of Appeals for the Ninth Circuit dictates the disclosure cannot waive an employer’s liability for damages resulting from the background check.