Background Checks

News & Analysis as of

News from Second and State

Budget, budget, budget. While the budget debate was at the forefront of activity this week, there were a number of other developments on the legislative front. Here’s a rundown of some noteworthy non-budget happenings this...more

District Potentially Liable for Hiring Teacher Alleged to Have Inappropriately Touched Students

Poe v. Southeast Delco Sch. Dist., 2015 U.S. Dist. LEXIS 168598 (E.D. Pa. Dec. 16, 2015): Hiring a teacher with past allegations of sexual misconduct toward students made the district and an administrator potentially liable...more

Out-of-State, Non-Bank Financing Becomes Available for Washington State Licensed Marijuana Businesses

Monday, June 20, 2016, was summer solstice. But in Washington, there were two other things to celebrate: a day to recover after the Fremont Solstice weekend, and, for legal marijuana businesses, the first day for the...more

Uber and Lyft Drivers Bring Class Action against Companies’ Terminating Services in Austin

Drivers for Uber Technologies Inc. and Lyft Inc. filed two proposed class actions in California on June 9, 2016, after the companies suddenly removed their services from Austin, Texas following new regulations....more

Philadelphia Becomes the First Jurisdiction in 2016 to Restrict Employers from Using Credit Information in Employment Decisions

On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more

FTC and CFPB Update

Yesterday I attended an interesting webinar regarding Fair Credit Reporting Act (FCRA) developments. Susan Camp Stocks from the Consumer Financial Protection Bureau (CFPB) and Katherine Ripley White from the Federal Trade...more

News from Second and State

Weekly Wrap: - While there was a lot of activity in Harrisburg this week, the most toast-worthy event was the final passage of H.B. 1690 (Turzai, R-Allegheny), which would reform and modernize the sale of wine and...more

Connecticut Becomes the Third Jurisdiction in 2016 to "Ban the Box"

On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law...more

Supreme Court’s Spokeo Decision Strengthens Standing Defense For Employers In FCRA And Other Statutory Class Actions

In an important victory for employers, the Supreme Court in Spokeo, Inc. v. Robins held that a plaintiff does not have Article III standing to sue in federal court under the Fair Credit Reporting Act (FCRA) and other federal...more

Trends In the “Ban the Box” Movement: Recent Developments In City Ordinances

Seyfarth Synopsis: As cities across the nation adopt “ban the box” legislation that regulates private employers’ ability to inquire into applicants’ and employees’ criminal histories, employers face a nuanced gauntlet of...more

Best Practices for Conducting Pre-Employment Background Checks in Canada

Many employers perform background checks before hiring their employees. The process could be as simple as checking an applicant’s professional credentials, education, and references, or as detailed as a criminal records check...more

Target's Successful Defense To A FCRA Class Action Is Good News For Employers

Target requires job applicants to sign a “Consent & Disclosure” form advising the applicant that Target will obtain an employment background report. The form discloses that a consumer report or investigative consumer report...more

News from Second and State

This was the last week of session before high-budget season starts in June, and all of the action was in the House of Representatives. Though it’s never really certain how the state spending plan will shake out until it’s...more

FTC Releases New Guidance on FCRA Compliance for Employment Background Screening Companies

The FTC has released new guidance aimed at helping companies that conduct background screenings for employment purposes to determine whether they are “consumer reporting agencies” within the meaning of the federal FCRA....more

Preventing discrimination against Muslim and Middle Eastern employees

In the wake of recent terrorist attacks in Paris and San Bernardino, the Equal Employment Opportunity Commission (EEOC) has warned employers to be proactive and take measures against discrimination aimed at those who are, or...more

There’s No Longer an “App for That” in Austin: Lyft and Uber Pull Out Over Driver Fingerprinting Requirements

Rideshare companies Lyft and Uber announced on May 9 that they were no longer offering their services in Austin, Texas, after voters there rejected a proposed ordinance that would have eliminated fingerprint-based background...more

Big Data, Background Checks, and Discrimination

On May 4, 2016, the White House released a report entitled “Big Data: A Report on Algorithmic Systems, Opportunity, and Civil Rights” to herald its focus on discrimination in “big data” assisted personnel screening...more

Supreme Court Issues Closely Watched Article III Standing Decision

The Court holds that allegation of a statutory violation is not solely sufficient to satisfy the “concrete harm” requirement for purposes of Article III standing in federal court....more

SCOTUS Fair Credit Reporting Act Background Check Standing Case Remanded to Lower Court

On May 16, 2016, in a 6-2 decision, the U.S. Supreme Court remanded the closely watched Spokeo Inc. v. Robins case back to the Ninth Circuit for further analysis. The issue is whether the plaintiff, Robins, has standing to...more

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

Supreme Court Provides a Narrow Win for Defendant—With Chance for More—On "Actual Injury" Issue

Spokeo Inc. v. Thomas Robins et al., No. 13-1339 (2016) - On May 16, 2016, the U.S. Supreme Court, by a vote of 6-2, set aside a lower court decision on whether what might be a technical statutory violation gives a...more

SC Public Policy Update - May 2016 #2

What's New - SENATE - It was a short but busy week in the Senate as members worked through numerous bills remaining on the Senate calendar. The Senate gave third reading on Thursday to H. 5009, relating to the...more

Class action defendants benefit from Spokeo’s ruling on standing

On May 16, the U.S. Supreme Court decided Spokeo Inc. v. Robins, in which it ruled that the Ninth Circuit incorrectly applied the Article III standing inquiry to a named plaintiff in a putative class action seeking damages...more

Concrete and Particularized: What the Supreme Court’s Spokeo Ruling May Mean for Privacy Class Actions and Big Data – the First in...

On May 16, 2016, the Supreme Court of the United States issued its decision in Robins v. Spokeo, No. 13–1339, 578 U. S. ____ (2016), putting to rest months of speculation as to whether the Court could come to a meaningful...more

US Supreme Court Issues Long-Awaited Decision in Spokeo, Inc. v. Robins

On May 16, 2016, the United States Supreme Court issued its opinion in Spokeo, Inc. v. Robins, a case that the background screening community has watched with great interest, as the Supreme Court has been asked to decide...more

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