News & Analysis as of September 20, 2024

Fair Credit Reporting Act (FCRA)

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Does a DWAI Show Up on a Background Check in Colorado?

Rodemer Kane Attorneys at Law on 9/19/2024

Driving While Ability Impaired (DWAI) is a serious offense in Colorado that can have far-reaching consequences. Many individuals who face this charge wonder about its long-term impact, particularly when it comes to employment...more

CFPB’s Proposed Amendment of Regulation V to Limit Medical Bills in Credit Reporting: What do Employers Need to Know?

Jackson Lewis P.C. on 7/8/2024

On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) published a Notice of Proposed Rulemaking (NPRM) to amend Regulation V‒ which implements the Fair Credit Reporting Act (FCRA) ‒ limiting the inclusion of...more

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

Venable LLP on 7/28/2023

Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more

Illinois Employers Must Act to Comply With New Equitable Employment Laws

Fox Rothschild LLP on 7/12/2023

Since Gov. J. B. Pritzker signed Senate Bill 1480 (the Act) on March 23, 2021, the standards for employers have been raised for both hiring and employment practices. The Act incorporated significant changes to the Illinois...more

New York City Mandates AI Bias Analysis

BCLP on 1/9/2023

Businesses have become increasingly reliant on artificial intelligence (AI) to assist with hiring, promotion, and other employment-related tasks. These tools are facing increased scrutiny from regulators, especially in New...more

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

Fisher Phillips on 12/16/2021

A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

The Dust Hasn’t Settled Yet: Employers Must Continue to Be Thoughtful About Criminal Record Screening Policies

Littler on 7/7/2021

Last month, the new chair of the EEOC, Charlotte A. Burrows, was the keynote speaker at a conference regarding new research on criminal recidivism....more

Amendments To Illinois Human Rights Act Regulate Use Of Criminal Records In Employment Decisions

Jackson Lewis P.C. on 3/25/2021

Illinois has enacted new limitations and procedural obligations on the use of criminal conviction records in employment decisions. Governor J.B. Pritzker signed the bill amending the Illinois Human Rights Act (IHRA) on...more

Background Checks: The Advent of the New California Employment Class Action

McDermott Will & Emery on 11/6/2020

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Employment Flash - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 7/20/2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

Seyfarth Shaw LLP on 12/10/2019

Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Littler on 11/4/2019

Employers should continue to exercise caution and care in drafting their criminal record screening policies. A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Compliance News Flash

Arnall Golden Gregory LLP on 10/15/2019

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Can Background Checks Be Conducted On Current Employees?

Haynsworth Sinkler Boyd, P.A. on 8/28/2019

Most employers run background checks on prospective employees when hiring. Some employers have policies in place that allow them to conduct background checks on current employees. ...more

Fifth Circuit Says EEOC Cannot Use 2012 Criminal Background History Guidance — What Does This Mean?

Fox Rothschild LLP on 8/13/2019

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more

California Employment Law Notes - March 2019

Proskauer - California Employment Law on 3/18/2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Job Posting And Ban The Box

Amundsen Davis LLC on 2/19/2019

Over 33 states and 150 cities, counties and municipalities have enacted Ban-the Box laws that prohibit employers from asking about an applicant’s criminal record or criminal history prior to the applicant being selected for...more

EEOC Continues to Scrutinize Criminal Record Screening Policies

Littler on 10/2/2018

Employers that use criminal record-screening policies must continue to be vigilant about compliance with all applicable laws and should know that the EEOC’s scrutiny of such policies, while perhaps scaled back, has not ended....more

New Forms! FMLA & FCRA

Amundsen Davis LLC on 9/28/2018

In September 2018, the U.S. DOL published “updated” FMLA forms and the U.S. Consumer Financial Protection Bureau published updated FCRA forms. ...more

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

Littler on 2/6/2018

On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

Hidden Hiring Landmine: Fair Credit Reporting Act Obligations

Fisher Phillips on 9/15/2017

Every year, an increasing number of states and localities clamp down on an employer’s ability to ask about applicants’ criminal histories (our update from earlier this year provides a good primer). The good news is that...more

Brief Answers To Frequently Asked Employment- Related Questions

Payne & Fears on 8/10/2017

With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

Is It Time To Recall Some Of Your HR Policies?

Fisher Phillips on 5/1/2017

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once...more

California Lawmakers Introduce Statewide Ban-the-Box Law

Littler on 3/13/2017

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge. In the last six months alone, we have reported on a variety of new laws that apply to California employers...more

California Further Limits Use of Criminal Background Information

Proskauer - California Employment Law on 3/7/2017

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are...more

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Hiring & Firing › Equal Employment Opportunity Commission (EEOC) › Fair Credit Reporting Act (FCRA)

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