The Risks in Background Checks
Current Trends in FCRA Litigation - The Consumer Finance Podcast
AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review
AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
The California Department of Fair Employment and Housing (“DFEH”) recently announced a new effort to identify and correct violations of the Fair Chance Act. The Fair Chance Act, which was enacted in January 2018 and is...more
In the midst of our pandemic-induced self-isolation and, in many cases, mandatory shelter-in-place orders, some of you have probably used this time to better yourselves. Perhaps you’ve tried out some new recipes or began an...more
As the dog days of summer settle in, most statehouses have closed up shop. Legislatures in approximately 12 states remain in regular session, however, with a couple more active in special session. Roughly 200 labor and...more
It is not surprising that a recent survey released by the Society for Human Resource Management revealed that a growing number of employers are using social media both to hire and to disqualify job candidates. Social media...more
Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready...more
Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more
The first Monday in October is the traditional first day of a new U.S. Supreme Court term. As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers. Here is a review of...more
After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more
Earlier this week, it was announced that BMW Manufacturing Co. and the EEOC had entered into a Consent Decree, resolving one of three high profile suits over a company's use of background checks in the hire process that had...more
Company's Criminal Background Policy Disproportionately Affected African-American Logistics Workers, EEOC Charged - GREENVILLE, S.C. - The U.S. District Court for the District of South Carolina today entered a consent...more
Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more
First, let me say that most shootings (including the recent incident in Virginia) are random acts of violence by crazy people. It is difficult, if not impossible, to predict when an employee will snap, or whether an...more
We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more
Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) opened its doors on July 2, 1965, exactly one year after President Lyndon B. Johnson signed the Civil Rights Act of 1964. Title VII of that act (“Title VII”) prohibits...more
New York City passed a local law to amend its administrative code to prohibit employment discrimination based on one’s arrest record or criminal conviction. Employers and background screeners take note. The legislation, the...more
Many employers have third-party services run background checks on applicants, new hires, or existing employees. Many of these employers utilize these services to minimize the risk of claims of negligent hiring or...more
The use of criminal records in the hiring process has received a great deal of attention in recent years. The Equal Employment Opportunity Commission issued guidance in 2012 requiring employers to demonstrate that conviction...more
2014 Year in Review—the Top 10 Trends in New Jersey Employment Law - 2014 was another busy year for developments in New Jersey employment law. This newsletter examines noteworthy developments in ten key...more
Erie Equipment Supplier Made Unlawful Medical Inquiries and Engaged in Retaliation, Federal Agency Charges - PITTSBURGH - The Erie Strayer Company, an Erie-Pa.-based construction equipment supplier, violated federal...more
New Tennessee laws took effect on July 1, 2014, including changes to the workers' compensation system, caps on damages in suits under the State's statutory employment discrimination laws, and protections for employers hiring...more
Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest...more
As the legislative session drew to a close at the end of May, the Illinois General Assembly approved several new laws that will affect Illinois employers beginning January 1, 2015. The laws are now awaiting approval by...more
In order to avoid potential litigation, employers who rely on criminal background checks to screen out undesirable applicants should make sure they are tailored to the requirements of the job being filled, the chairwoman of...more
A U.S. District Court judge in Maryland has dismissed a lawsuit that accused a nationwide marketing company of using background checks to discriminate against minority and male job applicants after finding the Equal...more