Background Checks

News & Analysis as of

Court Issues Mixed Bag Discovery Decision In EEOC Nationwide Race Discrimination Case

In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill.), a case we blogged about previously here, Judge Andrea Wood of the U.S. District Court for the Northern District of Illinois recently decided several...more

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

CFPB Takes Action Under FCRA Against Employment Background Check Providers

On October 29, 2015, the Consumer Financial Protection Bureau (CFPB) announced the settlement of an enforcement action against two of the country’s largest employment background screening report providers for failing to...more

CFPB Obtains $13M FCRA Settlement with Employee Background Screening Providers

The CFPB recently initiated an enforcement action against General Information Services (GIS) and its affiliate,, Inc. (BGC) for allegedly violating the Fair Credit Reporting Act (FCRA) by failing to...more

[Event] Sheppard Mullin's Labor & Employment Year In Review - Nov. 19th, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: Where We've Been and Where We're Going: Key legislative developments and leading court...more

CFPB Announces Consent Order with Employment Background Screening Report Providers

The Consumer Financial Protection Bureau’s (CFPB) announcement that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports serves as a reminder to...more

CFPB announces consent order with employment background screening report providers

The CFPB recently announced that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports. The consent order settles charges that the companies, which...more

Background check companies to pay $13 million for FCRA violations

General Information Services (GIS) and Inc. (e-Background) agreed to pay $13 million in restitution and fines to settle their violations of the Fair Credit Reporting Act (FCRA) charged by the Consumer...more

Common FCPA Issues

As our previous posts illustrate, violations of the Foreign Corrupt Practices Act (“FCPA”) can carry a hefty cost. Two issues are commonly the impetus for FCPA violations and, practically speaking, pose significant FCPA...more

CFPB’s Message to Employment Background Screening Providers: A Rose by Any Other Middle Name is Probably the Wrong Person

On October 29, the CFPB took action against two of the country’s largest employment background screening report providers for violations of the FCRA. This is one of the CFPB’s most significant FCRA actions to date, following...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

Proposed Federal “Ban the Box” Legislation Receives Bipartisan Support

On September 10, 2015, the Fair Chance Act (the “Act”) was introduced by a bipartisan group of legislators from both houses of Congress. The Act would prohibit federal contractors and agencies from inquiring into an...more

New York City Fair Chance Act

New York City’s Fair Chance Act took effect last week, amending the New York City Human Rights Law by prohibiting covered employers from asking about criminal history until after a conditional offer of employment has been...more

Per Liar Liar, performing background checks on minors can be major issue

Because I’m a lawyer and because my friends know I love movies, people frequently ask me to identify my favorite lawyer-related movies. My personal favorites are My Cousin Vinny, A Few Good Men, and Liar Liar. To the extent...more

The Fair Credit Reporting Act: Misnamed but Mischievous

While its name might indicate that it is aimed at credit checks, the Fair Credit Reporting Act also regulates employer background checks. Indeed, the FCRA contains a number of potential traps for employers that a new wave of...more

Straight From The Source: EEOC’s 10 Hottest Litigation Trends

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more

CFPB Enforcement Action Against Two Background Screeners

The Consumer Financial Protection Bureau (CFPB) announced that it has taken action against two large background screening companies.  Yes, you are reading this correctly.  The CFPB…not the Federal Trade Commission, has taken...more

Now That New York City’s Credit Check and “Ban the Box” Laws Are in Effect, How Do Employers Comply?

Two important New York City laws impacting the hiring process have recently taken effect, requiring immediate action by most City employers. The Fair Chance Act, New York City’s “ban the box” law (“Ban-the-Box Law”),...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Effective Immediately, The New York City Fair Chance Act Substantially Restricts Employers’ Use of Criminal Background Checks

The New York City Fair Chance Act (FCA) goes into effect today, October 27, and applies to any employers in New York City with four or more employees. The FCA amends the New York City Human Rights Law and significantly limits...more

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

Reminder for NYC Employers: Ban on Criminal Background Checks Takes Effect Today

Less than two months after the effective date of a new law barring employers’ use of credit checks, another new law restricting the pre-employment process takes effect in New York City today, October 27, 2015 (the Fair Chance...more

GA Department of Banking and Finance Enters into Consent Order with Mortgage Lender and Owner

On October 21, the Georgia Department of Banking and Finance (the Department) announced a consent order with a South Carolina-based mortgage lender and its individual owner to resolve a Notice of Intent to Revoke Annual...more

Best Practices for Complying with the New York City Fair Chance Act

Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law. As many employers are aware, effective October 27, 2015, the Fair Chance Act...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

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