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An Intangible Injury Caused by a Consumer Report Is Concrete Enough, Says the Ninth Circuit

On August 15, 2017, the Ninth Circuit Court of Appeals decided Robins v. Spokeo, Inc. (No 11-56843), a case addressing the standing necessary to maintain an action in federal court that had been remanded to the court by the...more

Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information

The Seventh Circuit Court of Appeals has become the second federal court of appeals to weigh in on an important legal issue for employers in defending against expensive, increasingly common Fair Credit Reporting Act (FCRA)...more

Ninth Circuit Breaks New Ground, Addresses Standing and Extraneous Content in Background Check Disclosure Forms/Screens

On January 20, 2017, the Ninth Circuit became the first court of appeals to weigh in on several important legal issues for expensive, increasingly common background check class actions—specifically (a) the extraneous content...more

California Law Restricts Employers From Asking About Juvenile Criminal History

California recently amended its existing law governing inquiries into and the use of juvenile criminal information. Effective January 1, 2017 employers will be restricted from asking about, seeking, or using a California...more

Vermont Passes “Ban the Box” Legislation

On May 3, 2016, Vermont Governor Peter Shumlin signed into law a “ban the box” statute, which will take effect on July 1, 2017. The law will prohibit covered employers from inquiring about information pertaining to an...more

The Philadelphia Ban-the-Box Poster is Here: The Ins and Outs of the Posting Requirement

The Philadelphia Commission on Human Relations has released the poster employers are required to display under the new amendments to Philadelphia’s “ban the box” law, the Fair Criminal Records Screening Standards Act. The...more

Consent Decree Sheds Light on the EEOC’s Interpretation of its Background Check Guidance

On September 8, 2015, BMW Manufacturing Co., LLC and the U.S. Equal Employment Opportunity Commission (EEOC) entered into a consent decree ending the EEOC’s disparate impact lawsuit over BMW’s use of criminal background...more

San Francisco Mayor Signs Ordinance To “Ban The Box” On Employment Applications

On February 14, 2014, San Francisco Mayor Edwin M. Lee signed San Francisco’s Fair Chance Ordinance, which “bans the box” on employment applications and restricts private employers’ ability to use criminal history...more

San Francisco Passes Fair Chance Ordinance Restricting Employers’ Ability to Use Criminal History Information

San Francisco has “banned-the-box” on employment applications and has added other restrictions on private employers’ ability to obtain and use criminal history information. The City and County of San Francisco Board of...more

Colorado’s New Credit Background Check Law to Go Into Effect on July 1, 2013

Colorado recently passed a new law regulating an employer’s use of credit background checks for applicants and employees. The new law goes into effect on July 1, 2013....more

Criminal Background Checks Ordinance Passed in Newark, New Jersey

Recently, the city of Newark, New Jersey passed an ordinance that will impact most employers in Newark. The new ordinance, which will go into effect next month, applies to employers with five or more employees that do...more

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