An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

been requested to perform and must do so not later than five days after the school receives the applicant’s request for disclosure or five days after the school first requested the report, whichever date is later. 141  Prior to taking an adverse action (a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee) 142 based in whole or in part upon the report, the school shall provide the applicant with a copy of the report, as well as a written description of the applicant’s rights as prescribed by the Federal Trade Commission. 143  Within three business days of taking adverse action, a school must provide oral, written, or electronic notice to the applicant of: (1) The adverse action to the applicant; (2) The name, address, and telephone number of the consumer reporting agency that furnished the report; (3) The applicant’s right to obtain a free copy of the report from the consumer reporting agency; (4) The consumer reporting agency did not make the decision to take the adverse action and that is unable to provide the consumer with the specific reasons why the adverse action was taken; and (5) The applicant’s right to dispute the accuracy or completeness of any of the information in the report. 144  The school may not use the report for any purpose other than that for which it was specifically authorized by the applicant. 145

Note: There are also significant restrictions placed upon consumer reporting agencies, including the obligation to reinvestigate matters included in a report which are disputed by an applicant.

c. Liability For Violations Of FCRA A consumer may seek actual damages, costs of suit, and reasonable attorneys’ fees for a school’s negligent violations of the FCRA. 146 A school may be liable for actual damages, reasonable attorneys’ fees, costs of suit, and punitive damages for any willful violations of the FCRA. 147 Willful noncompliance not only includes a knowing and intentional act of noncompliance with an individual’s rights under the FCRA, but also includes acts that are in reckless disregard of an individual’s rights under the FCRA. 148 A school may avoid liability by establishing reasonable procedures to assure compliance with the FCRA. 149

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 63