The inclusion of “Release of Liability Waivers” on job applications has become en vogue. The problem, however, is that the 9th Circuit Court of Appeals ruled in January 2021 that such language is a willful violation of the Fair Credit Reporting Act (FCRA). The FCRA requires that the disclosure document consists “solely” of the disclosure. The court added that the law “unambiguously” prohibits the insertion of a liability waiver in the same document as the disclosure. This ruling resulted in the court declaring that a class-action lawsuit may continue.
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