©2024 Seyfarth Shaw LLP www.seyfarth.com 2024 Cal-Peculiarities | 69 what was involved was only “contact information, not medical or financial details.”82 Belaire-West allowed an optout procedure and did not require an opt-in procedure, because “there was no evidence of any actual or threatened misuse of the information”83 and because the “prompt payment of wages due an employee is a fundamental policy of this state.”84 California courts have exalted the class-action procedure over employee privacy rights even when employees are on record as wanting to be left alone. In one case, where the defendant’s employees had signed forms stating that they did not want to be contacted by plaintiffs’ lawyers, the defendant argued that these forms revealed a heightened expectation of privacy that justified only opt-in discovery of the employees’ private contact information. The Court of Appeal rejected this argument, ordering disclosure of employee addresses and telephone numbers unless the employees affirmatively opted out of the disclosure process.85 And in some circumstances courts have even ordered disclosure of employee home addresses without permitting the affected individuals to object to their privacy being invaded.86 4.11 Background Checks The federal Fair Credit Reporting Act (FCRA)87 requires employers to give certain notices and access rights to applicants and employees on whom an employer is requesting a background report, and to give these individuals a chance to correct inaccuracies in the report. Compliance with the FCRA is complicated. Here we highlight some ways in which California’s analogous statutes differ. 4.11.1 Credit reports The California Consumer Credit Reporting Agencies Act (CCRAA)88 governs certain credit-history information that a consumer credit reporting agency reports for use in evaluating an individual’s fitness for employment or other permissible purposes. While resembling federal law on this subject, California law also requires employers to provide, on the form authorizing the credit report, a check-box that the individual can use to request a copy of the report, and California employers must, when notifying the consumer of any adverse action, identify the consumer credit reporting agency providing the report.89 If the individual has indicated a desire for a copy of the report, then the report user must request that a copy be provided to the individual when the user requests its copy from the credit reporting agency. The report to the individual subject must be provided contemporaneously and at no charge.90 California generally prohibits using credit reports for employment decisions.91 “Credit report” does not include verification of past employment or income that does not otherwise include credit information (such as credit scores, records or history).92 Credit reports are permissible as to the following eight job categories, if the applicant or employee receives written notice of which of these categories applies: (1) managerial positions (as defined in the “executive” exemption in the Wage Orders), (2) positions in the California Department of Justice, (3) sworn peace officer or other law enforcement positions, (4) positions for which the information is required to be obtained or disclosed by law, (5) positions involving regular access to bank or credit card information, social security numbers, dates of birth (for a purpose other than routine solicitation or processing of credit card applications in a retail establishment),
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