The Consumer Financial Protection Bureau has withdrawn 67 guidance documents, including those addressing whistleblower protections and the use of monitoring technology in the workplace. The CFPB’s May 12 announcement stated that many were inconsistent with federal statutory text and imposed compliance burdens without opportunities for public notice and comment. Some documents could be reinstated after further review, the notice said, but in the meantime, people should not rely on them and the CFPB will not enforce them.
These withdrawn documents may interest employers:
- File Disclosure and Background Screening advisory opinions that required employment background screening agencies to have procedures that prevent the reporting of duplicative or expunged information; that include the outcome of criminal charges; and that identify information sources.
- Circular 2024-06: Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions: This circular explained that using some workplace monitoring technology could trigger obligations under the Fair Credit Reporting Act, including obtaining a worker’s permission to access a consumer report.
- Circular 2024-04: Whistleblower protections: This circular warned financial institutions about the potential illegality of nondisclosure agreements that deter whistleblowing.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.