Criminal Background Checks Fair Credit Reporting Act

News & Analysis as of

Federal Court Limits Employer's Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC's Rights...

In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an...more

"'Ban the Box' Initiatives: Removing Conviction Histories From Employment Applications"

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

Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale

Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more

Plaintiffs' Class Action Claims Target Background Checks

Earlier this week, the arts and crafts retailer Michael’s Stores, Inc. received notice of a new class action lawsuit challenging its use of applicant background checks. The lawsuit alleges that the retailer failed to provide...more

Background Checks Headline in 2014

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal...more

Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more

Four New Laws Within 40 Miles: The Washington, DC Area Accelerates the "Ban-the-Box" Movement

The Washington, DC area has become the leading edge of the "ban-the-box" movement, with four new ban-the-box laws applicable to private employers enacted in the past six months. Baltimore, Maryland, started the trend when...more

Terminating an Employee for Not Fully Disclosing His Criminal History in an Application for Employment Did Not Violate the...

In McCorkle v. Schenker Logistics, Inc., 2014 WL 5020598 (M.D. Pa. October 8, 2014), the court held that terminating an employee for not fully disclosing his criminal history, as requested in an employment application, did...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

Thumbs Up/ Thumbs Down, Still FCRA

Does your business use a contractor to provide in-home services to your customers? If so, you probably want the contractor to conduct background checks on its employees. You want the contractor to screen out people who pose...more

Employee Background Checks

In follow-up to our prior post regarding certain additional liability protections afforded to employers who conduct background checks, in this post we explore additional considerations employers should keep in mind when...more

Employment Background Checks: Tips Employers Should Know to Comply With Federal Laws

Many employers rely on background checks to screen job applicants and employees when making important personnel decisions, including hiring, retention, and promotion. In March, the Equal Employment Opportunity Commission...more

Dig Up the Dirt, but Know the Rules of the Game - The Fair Credit Reporting Act and Background Checks

Employers like to know everything they can about applicants. Hiring employees is a big investment, and they want to do their due diligence up front so that their investment pays off. But before employers hire third-party...more

Recent Background Check Lawsuit is Reminder of the Importance of Strictly Following the Fair Credit Reporting Act Disclosure...

Many institutions of higher education, like employers in many industries, use background checks as an integral part of their hiring process. A recently filed class action lawsuit serves as a reminder to institutions of the...more

Did You Know...Background Checks – Buyer [Employer] Beware!

As we recently reported at our annual employment law seminar and underscored in “Did You Know…New Informal Guidance From EEOC & FTC Re Background Checks,” background checks are not only the focus of the EEOC and FTC, but also...more

FTC and EEOC Issue Joint Guidance on Employer Use of Background Checks

A new joint publication of the Federal Trade Commission (FTC) and Equal Employment Opportunity Commission (EEOC) serves as a reminder to employers of the risks that come with the use of background information when making...more

Labor and Employment: Recent Lawsuit Highlights the Importance of Fair Credit Reporting Act Compliance

The Fair Credit Reporting Act (FCRA) expressly requires employers to provide applicants with a stand-alone disclosure and authorization form prior to obtaining a background check. This form must be separate from the...more

San Francisco Passes Fair Chance Ordinance Restricting Employers’ Ability to Use Criminal History Information

San Francisco has “banned-the-box” on employment applications and has added other restrictions on private employers’ ability to obtain and use criminal history information. The City and County of San Francisco Board of...more

San Francisco Employers – Heads Up, New Rules Governing The Use of Criminal Records

It’s already hard enough for California employers to keep track of and comply with the myriad federal and state background check laws. There’s California’s Investigative Consumer Reporting Agencies Act (ICRAA), California...more

Education Update, No. 4, October 2013: Time For Your School's Annual Checkup

Now that school has started, it’s time to ensure that your house is in order for the school year. Each year we outline those items in which we see trends developing or find issues with which schools consistently have...more

Fair Credit Reporting Act Amendment Offers Important Protections From Lawsuits Targeting Background Check Programs

In This Issue: - Summary Of FCRA Obligations On Employers That Use Consumer Reports For Employment Purposes - Potential Liability For FCRA Non-Compliance And The Growing Wave Of FCRA Class Action -...more

Don’t Forget About the Fair Credit Reporting Act: Background Check Class Action Suit Filed Against Trucking Company

As we have noted in a number of prior posts background checks can be a helpful tool for management, especially during the hiring process, but they can also be a ripe source for potential liability on a number of fronts....more

Using background checks in hiring employees

Background checks are a vital tool in avoiding hiring problems and in limiting a company’s liability. With more than 65 million people in the United States having been arrested or convicted, and in the age of negligent hiring...more

Seattle Adopts Ordinance Limiting Inquiries Into and Use of Criminal Records for Employment Purposes

Effective November 1, 2013, Seattle, Washington will join various other jurisdictions (most recently Minnesota, Indiana, North Carolina and Buffalo, New York) that limit inquiries into and the use of criminal records for...more

Is Your Criminal Screening Process Compliant?

An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace...more

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