Credit Checks

News & Analysis as of

Updates to Nevada’s Gaming Law – 2015 Legislative Session (Cont.)

Extending the Reach of Nevada’s Gaming Regulation: SB38, SB40 and SB409 - SB38 - Senate Bill 38 extends the reach of the Board to a new category of licensees, to nightclubs and day clubs that are located on the...more

Employment Flash - July 2015

The July 2015 edition of Employment Flash covers a number of developments, including: the U.S. Supreme Court's ruling that job applicants need only show that a religious accommodation was a factor in denying employment to...more

New York City Passes the Stop Credit Discrimination in Employment Act

Effective September 2, 2015, the Stop Credit Discrimination in Employment Act (the Act) will prohibit New York City employers with four or more employees from requesting or using an applicant’s or employee’s consumer credit...more

Background Checks? That is the Question

Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more

New York City Prohibits Discrimination Based on Credit History

New York City Mayor Bill de Blasio recently signed into law the Stop Credit Discrimination in Employment Act. It amends the New York City Human Rights Law to prohibit employers from requesting or using an individual's...more

New York City Human Rights Law Strictly Limits Employers’ Use of Credit Checks in Hiring

In follow-up to our April 21 post, New York City Mayor Bill de Blasio signed into law an amendment to the New York City Human Rights Law on May 6, prohibiting employment discrimination on the basis of “consumer credit...more

Mayor Signs NYC Ban on Use of Credit Checks in Employment Decisions

On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill amending the city’s Human Rights Law to prohibit employers from using an individual’s credit history to make employment decisions. The law will become...more

Credit Checks on the Chopping Block: NYC Restricts Credit Inquiries During Hiring

Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request...more

New York City employers now restricted from using employee or applicant credit history in making employment decisions

Yesterday, Mayor Bill de Blasio signed a bill making it unlawful for New York City employers to use an employee’s or applicant’s credit history for employment purposes. The law, which amends the New York City Human Rights...more

New York City Bans Employers From Using Credit Checks To Screen Job Applicants

Under a bill signed into law by Mayor Bill de Blasio on Wednesday, May 6, 2015, New York City businesses will be banned from using credit reports, bankruptcies and liens to disqualify applicants from employment. The Stop...more

NYC Council Votes to Ban Employers from Conducting Credit Checks

On April 16, 2015, the New York City Council (the “Council”) passed a bill (Int. 0261-2014) prohibiting employers from requesting or using the consumer credit history of an employee or job applicant when making employment...more

Most New York City Employers May Soon Be Prohibited From Conducting Credit Checks on Job Applicants

On April 16, 2015, the New York City Council overwhelmingly passed an amendment to the New York City Human Rights Law that would bar most city employers from using credit checks as part of their hiring process. ...more

New York City Council Passes Ground-Breaking Legislation Limiting the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council, by a vote of 47-3, approved legislation that would prohibit the use of credit checks in employment decisions except in limited circumstances. The bill, which is expected to be...more

Credit Checks To Be Banned in NYC

On April 16, 2015, by a 47-3 vote, the New York City Council passed a bill (Int. 0261-2014) to amend the NYC Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s...more

Fourth Circuit Finds EEOC's Expert Report Unreliable Under Federal Rules of Evidence

As part of an employer's business in providing integrated services for high level events, it commenced background checks of all prospective employees, including credit checks for positions dealing with "credit sensitive"...more

Background Checks Increasingly Leading to Litigation

Background checks are increasingly leading to class action lawsuits alleging violations of the Fair Credit Reporting Act ("FCRA"). Many employers utilize background checks that include "consumer reports" during the hiring...more

Watch Your Back: The Growing Threat of FCRA Background Check Class Actions

Class action suits against employers alleging a violation of the Fair Credit Reporting Act when using background checks performed by a credit reporting agency have more than tripled in 2014, with new cases continuing to be...more

Connecticut Broadens Exemptions to Law Limiting Credit Checks

Connecticut has added mortgage brokers, lenders, and servicing companies to the list of “financial institutions” exempted under the state’s existing law limiting credit checks for purposes of employment. The amendment, which...more

Gavel to Gavel: A tiger by the tail

Back in school, I recall reading the short story The Lady or the Tiger? It’s about a woman made to choose between two fates for her would-be husband, neither of which was particularly pleasant. What she would choose is left...more

New York City Council Continues Push to Ban Credit Checks in Connection with Employment Decisions

The New York City Council’s Committee on Civil Rights recently held a hearing on a bill that would amend the New York City Human Rights Law to prohibit employers from basing an employment decision on the consumer credit...more

New York AG, Capital One Agree On Credit Screening Changes

New York Attorney General Eric T. Schneiderman recently announced an agreement with Capital One Financial Corporation that will require the bank to adopt new policies regarding the screening of consumers seeking to open...more

New York AG Obtains Agreement From Bank To Alter Customer Account Screening

On June 16, New York Attorney General (AG) Eric Schneiderman announced that a national bank agreed to adopt new policies governing its use of a credit bureau that screens individuals seeking to open checking or savings...more

More on INTERPOL, the UAE, and Bounced Checks

A reader recently sent in this comment, which has been modified to protect the reader's privacy...more

New Delaware Law “Encourages” State Vendors to “Ban the Box”

Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and...more

Appellate Court Emphatically Rejects EEOC's Contention That Employer's Use Of Applicants' Credit Histories During Background Check...

In EEOC v. Kaplan, the EEOC alleged that Kaplan racially discriminated against African-American applicants because its use of credit histories as part of its background check process had a disparate impact on them. Kaplan is...more

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