On March 20, 2020, the Ninth Circuit issued its opinion
Walker v. Fred Meyer, Inc., 2020 U.S. App. LEXIS 8809 (9th
Cir. Mar. 20, 2020) and created a "concise explanation"
standard to judge when an employer's background check
disclosure form violates FCRA.
Plaintiff applied for a job at Fred Meyer's
supermarkets. As part of the application process, plaintiff
completed two forms related to a background check. The first
form was a "Disclosure Regarding Consumer Reports and
Investigative Consumer Reports." The second form was an
"Authorization Regarding Consumer Reports and Investigative
Consumer Reports."
Plaintiff was hired but then received a "pre-adverse action
notice" created by the consumer reporting agency. The
"pre-adverse action notice" provided a copy of the
consumer report and informed plaintiff that he could dispute the
accuracy of the report with the consumer reporting agency.
Ultimately, Fred Meyer terminated plaintiff based on information
found in
