The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks. Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...more
4/21/2022
/ Appeals ,
Background Checks ,
Ban the Box ,
Barnes and Noble ,
Class Action ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Regulatory Standards ,
Reversal ,
Statutory Violations ,
Summary Judgment ,
Willful Violations
On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more
8/7/2019
/ Administrative Procedure Act ,
Ban the Box ,
Civil Rights Act ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Criminal Records ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Injunctions ,
Job Applicants ,
Summary Judgment ,
Title VII
The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more
3/1/2018
/ Adverse Employment Action ,
Background Checks ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Disclosure Requirements ,
Disney ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
GEICO ,
Hiring & Firing ,
Job Applicants ,
Motion to Dismiss ,
Southwest Airlines ,
Summary Judgment ,
Transfer of Venue ,
Willful Violations
On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more
2/6/2018
/ Attorney General ,
Ban the Box ,
Civil Rights Act ,
Corporate Counsel ,
Criminal Background Checks ,
Criminal Records ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Motion To Enjoin ,
State and Local Government ,
Summary Judgment ,
Title VII
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more
2/5/2013
/ Background Checks ,
Burden of Proof ,
Credit History ,
Criminal Background Checks ,
Daubert Ruling ,
Dismissals ,
Disparagement ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Summary Judgment ,
Title VII