Gustavo Suárez

Gustavo Suárez

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Publications


How Much Harm Is Enough? SCOTUS Tackles Standing to Sue

On May 16, 2016, the Supreme Court of the United States decided a case, Spokeo, Inc. v. Robins, (No. 13–1339), involving standing to maintain an action in federal court. In the Spokeo case, an individual claimed that a search...more

5/17/2016 - Article III Background Checks Class Action FCRA Hiring & Firing Injury-in-Fact SCOTUS Spokeo v Robins Standing

New York City Issues Proposed Rules Related to the Fair Chance Act

On February 16, 2016, the New York City Commission on Human Rights issued proposed rules related to the city’s Fair Chance Act (FCA)—the restrictive ban-the-box law that went into effect in October of 2015 and prohibits...more

2/29/2016 - Ban the Box Comment Period Conditional Job Offers Criminal Background Checks Fair Chance Act Hiring & Firing Job Applicants NYCCHR Proposed Regulation

Everything You Need to Know About New York's New FCA Guidance

As we previously reported, New York City’s Fair Chance Act (FCA) went into effect on October 27, 2015. On November 5, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued long-anticipated guidance...more

11/13/2015 - Conditional Offers Criminal Background Checks Damages Employer Liability Issues Exemptions Fair Chance Act Hiring & Firing Human Rights Job Applicants Job Descriptions Job Offers

New York City Issues Fair Chance Act Notice Form for Criminal Background Checks

As we previously reported in July and June, New York City recently passed the Fair Chance Act (FCA), which becomes effective on Tuesday, October 27, 2015, and is applicable to criminal background checks. Among other...more

10/28/2015 - Adverse Employment Action Background Checks Criminal Background Checks Employer Liability Issues Fair Chance Act Hiring & Firing Job Applicants NYCHRL Reporting Requirements Required Forms

No Credit, No Problem: NYC’s New Guidance Further Limits Employer Credit Checks

As we previously reported, New York City recently passed a law prohibiting employers from requesting or using an individual’s credit history in making employment decisions. On September 3, 2015—the same day that the new law...more

9/22/2015 - Best Practices Credit History Credit Reports Discrimination Employer Liability Issues Hiring & Firing New Guidance New Legislation NYCHRL

‘Tis the (Retail) Season, Part II: Conducting Background Checks on Seasonal Workers

During the upcoming holiday season, many companies—especially those with retail operations—will be looking to expand their available workforce by hiring seasonal workers. Unfortunately, many of these temporary workers will be...more

11/24/2014 - Background Checks EEOC Employer Liability Issues FCRA Hiring & Firing Holidays Retailers Seasonal Employment Seasonal Workers

EEOC and FTC Issue Joint Publications on Background Checks

On March 10, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) jointly released two pamphlets on the use of background checks in the workplace: (a) one directed at employers...more

3/24/2014 - Background Checks Criminal Background Checks EEOC FTC

Conviction-less in Seattle? City Restricts Employer Use of Background Checks

Effective November 1, 2013, Seattle will restrict the use of criminal background checks by employers. ...more

7/16/2013 - Background Checks Convictions Criminal Background Checks Employer Mandates Legitimate Business Interest

Nevada Restricts Use of Background Check Information

On May 23, 2013, Nevada became the tenth state to enact legislation restricting the use of credit background checks by employers. The new Nevada law goes into effect on October 1, 2013....more

6/6/2013 - Adverse Employment Action Background Checks Credit Reports Employer Liability Issues Hiring & Firing Penalties

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