News & Analysis as of

Criminal Background Checks Enforcement Actions

Troutman Pepper

New Jersey AG Cracks Down on Bumble for Allegedly Misrepresenting Criminal Background Checks Policy

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New Jersey Attorney General (AG) Matthew J. Platkin and the Division of Consumer Affairs (Division) took action against the popular dating app company, Bumble, Inc., for alleged violations of the state’s consumer protection...more

Seyfarth Shaw LLP

Massachusetts Attorney General Is Checking Whether Employment Applications Contain Prohibited Criminal History Questions

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Seyfarth Synopsis: Massachusetts Attorney General steps up enforcement of Massachusetts “ban-the-box” law citing 19 businesses for asking impermissible questions about an applicant’s criminal history on an employment...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash. This weekly update is your source for timely background screening and immigration-related news that is important to your organization....more

Seyfarth Shaw LLP

Mass. AG on the Lookout for Prohibited Criminal History Inquiries

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Massachusetts Attorney General investigates 70 employers (both large and small – across all industries), citing 21 of them for violating the state’s “ban the box” law, which prohibits most businesses from asking about job...more

Fisher Phillips

Your Comprehensive Guide to 2018 Proposed California Legislation

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February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

Littler

With Governor Brown’s Signature, California Employers Face a Gauntlet of New Laws

Littler on

The October 15, 2017 deadline has come and gone for Governor Jerry Brown to weigh the bills passed by the California legislature this year. Governor Brown has now signed into law a jaw-dropping number of bills that pertain to...more

MoFo Reenforcement

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

MoFo Reenforcement on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Faegre Drinker Biddle & Reath LLP

EEOC Criminal Background Check Cases Come With Big Price Tags for All Parties

One of the EEOC's top priorities has been ensuring individuals are not discriminated against based on their criminal histories. In recent years, it has filed multiple headline-grabbing lawsuits related to background checks...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

Epstein Becker & Green

Five EEOC Initiatives to Monitor on the Agency’s Silver Anniversary

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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

Arnall Golden Gregory LLP

FTC Comments and Background Screeners

I recognize this is a few days late, but the content is still timely. Last month I attended the NAPBS Mid-Year Conference in Washington, DC both as an attendee and speaker. One session of particular interest to me was...more

BakerHostetler

Fourth Circuit Rejects EEOC Expert Report Riddled With Errors

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We’ve written before on the questionable statistics used by the U.S. Equal Employment Opportunity Commission (EEOC) in other cases, and a recent court of appeals case involving background checks suggests that the EEOC is...more

Cozen O'Connor

EEOC Loses Another Background Check Case

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The EEOC has taken a lot of heat on its controversial stance of aggressively litigating adverse impact cases involving background checks.  In April, 2012, the EEOC issued a new enforcement guidance seeking to curtail the uses...more

Littler

Two New EEOC Criminal Record Lawsuits Underscore Important Strategic and Practical Considerations for Employers Conducting...

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In March 2010, an employer successfully persuaded the Equal Employment Opportunity Commission (EEOC) to concede its disparate impact discrimination lawsuit against the employer based on its criminal record screening policies...more

Cohen & Gresser LLP

Mobile App Disclaimers Not Sufficient to Circumvent FCRA Requirements

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The Federal Trade Commission reached a settlement last week with a mobile app company, its data provider, and their CEO in its first Fair Credit Reporting Act (“FCRA”) enforcement action involving mobile applications. The...more

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