News & Analysis as of

Job Applicants Credit Reports

D.C. Council Passes Ban on Credit History Screens on Job Applicants, Interns, Employees

by Jackson Lewis P.C. on

The Washington D.C. Council unanimously passed the “Fair Credit in Employment Amendment Act” (Bill 21-244) to amend the Human Rights Act of 1977 and prevent employers from taking discriminatory action against applicants,...more

Spokeo Gets Lyft Off

by Carlton Fields on

The Northern District of California dismissed a Fair Credit Reporting Act case against Lyft upon finding that plaintiff lacked Article III standing based on the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct....more

Is Hiring Without Headaches Even Possible?

by Shipman & Goodwin LLP on

In the course of my litigation cases, I’ve had a good-natured argument at times with a few counsel who represent employees about the mindset of employers. The argument I’ve heard from them is that employers are too cavalier...more

Philadelphia Restricts Employers’ Use of Credit Information

Last month, Mayor Jim Kenney signed amendments to Philadelphia’s Fair Practices Ordinance that restrict employers’ use of credit information for employment purposes. Starting today, Philadelphia employers now generally cannot...more

New Guidance Issued on FCRA Compliance in Employee Screening

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more

FTC Publication for Background Screeners

by Arnall Golden Gregory LLP on

The Federal Trade Commission (FTC) just issued guidance for companies providing employment screening services. According to the FTC, they have “created new guidance for businesses aimed at giving employment background...more

Additional Restrictions for Employer Credit Checks Could Be On the Way For New Jersey Employers

by Genova Burns LLC on

Legislation advanced by the New Jersey State Assembly (A2298) on December 14, 2015 could signal tougher restrictions on employer credit checks of existing or potential employees. The pending legislation also would also...more

Best Practices for Complying with the New York City Fair Chance Act

by Seyfarth Shaw LLP on

Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law. As many employers are aware, effective October 27, 2015, the Fair Chance Act...more

Background Screening – When is Section 603(y) Applicable?

by Arnall Golden Gregory LLP on

When a company uses commercial background checks to evaluate the suitability of job applicants, they must comply with the Fair Credit Reporting Act (FCRA), which regulates the collection, dissemination, and use of consumer...more

Two New NYC Statutes Constrain Hiring Process - Hedge Up - A Heads-Up on Employment Issues Confronting the Hedge Fund Industry

If you read one thing... - Two new employment statutes place additional burden on New York City firms during prospective employee screening and provide fodder for the plaintiffs’ bar - Credit history and...more

Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

by Jaburg Wilk on

When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications...more

NYC Jumps on Band Wagon Limiting Employer Use of Credit History in Making Employment Decisions

by Moore & Van Allen PLLC on

One of the earliest U.S. privacy laws applicable to private entities was the Fair Credit Reporting Act (FCRA), enacted in 1970. The FCRA placed substantial requirements on the use of background checks and credit information...more

New York City Employers Prohibited from Using Credit History in Employment Decisions

by Wilson Elser on

On April 16, 2015, the New York City Council passed legislation (Int. No. 261-A) prohibiting employers from discriminating against employees and job applicants based on their credit histories. The bill was signed into law by...more

New York City Law Restricts Employers' Use of Employee or Applicant Consumer Credit Checks

by Blank Rome LLP on

Action Item: New York City employers should evaluate their application and employment policies to ensure compliance with a new law regarding the request and use of applicant and employee consumer credit history that will go...more

NYC Ban on Use of Credit Checks in Employment Decisions Moves to Mayor’s Office for Signature

by Davis Wright Tremaine LLP on

On April 16, 2015, the New York City Council voted overwhelmingly to amend the city’s Human Rights Law to prohibit employers from using an individual’s consumer credit history to make employment decisions. While the bill...more

New York City Council Passes the First Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions

by Littler on

On April 16, 2015, the New York City Council overwhelmingly passed a bill to make it unlawful for most employers to use an applicant's or employee's credit history for employment purposes, except in certain, specified...more

New York City Will Prohibit Most Employers From Basing Employment Decisions on an Applicant or Employee’s Consumer Credit History

The New York City Council passed the Stop Credit Discrimination in Employment Act last Thursday. It amends the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee...more

FCRA Class Actions

by Fisher Phillips on

Hyping The “Hyper-technical” - The slowly rising waves of Fair Credit Reporting Act (FCRA) class-action litigation are beginning to crash against employers. And if you thought that the FCRA only applied to credit...more

FTC-EEOC Publication for Employment Screening

The Federal Trade Commission (FTC) has issued an updated guide for employers regarding compliance with the federal Fair Credit Reporting Act (FCRA) when conducting background checks, as well as the Equal Employment...more

Thumbs Up/ Thumbs Down, Still FCRA

by Sherman & Howard L.L.C. on

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

“A Theory in Search of Facts”: Federal Court Blasts EEOC Challenge to Criminal and Credit Background Checks

by Sherman & Howard L.L.C. on

Criticizing the EEOC for placing employers in a "Hobson's choice" related to the criminal and credit background check of job applicants, the federal district court in Maryland threw out the EEOC's lawsuit against an event...more

Employers Cannot Access Applicant or Employee Personal Social Media Accounts, Says Nevada

by Proskauer Rose LLP on

On June 13, 2013, Nevada's governor signed A.B. 181 to restrict employer access to applicants' and employees' personal password-protected social media accounts, adding to the state's existing anti-discrimination statute that...more

Colorado Legislative Wrap-Up

The 2013 Colorado legislative session resulted in three new laws that are significant for employers....more

Nevada Imposes Restrictions On The Use Of Credit Reports In Employment Decisions

by Fisher Phillips on

Employers frequently use credit reports (sometimes referred to as “consumer reports”) as a tool in determining whether to hire, promote or retain an employee. The Fair Credit Reporting Act (FCRA), a federal law, allows an...more

Nevada is the Latest State to Restrict the Use of Credit Reports for Employment Purposes

by Littler on

On May 25, 2013, Nevada Governor Brian Sandoval signed a new law making Nevada the third state in the last 12 months to enact legislation restricting use by employers of credit reports and other credit history information for...more

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