News & Analysis as of

Job Applicants Fair Credit Reporting Act

New Changes to Massachusetts Regulations on Criminal History Checks

by Littler on

Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law. CORI refers to the database of criminal information maintained by the Department of Criminal...more

Prospective Employees Must Show Actual Harm From Failure to Properly Disclose Background Checks

by Sedgwick LLP on

Consent to a background check seems to be a part of any employment application these days, whether the job sought is with a large corporation or the corner deli. Employers gain a measure of protection from conducting...more

Checking In on Background Checks

by Zelle LLP on

Background checks are a valuable (and often essential) part of the hiring process. They help employers find good employees and avoid risky hires. Failure to check applicants’ backgrounds can amount to negligence and may...more

Ohio State and Federal Courts Find No Standing to Assert Technical Violations of the FCRA’s Background Check Disclosure...

by Reminger Co., LPA on

Ohio courts have recently weighed in on a hotly litigated issue related to procurement of background checks on current or prospective employees: do employees have standing to sue employers where the employer fails to provide...more

Inclusion of Liability Waiver in FCRA Disclosures Violates the Act

by Blank Rome LLP on

Action Item: In a recent decision from the Ninth Circuit, which may have broad implications across the country, the Court held that an employer’s inclusion of a liability waiver as part of the Fair Credit Reporting...more

California Lawmakers Introduce Statewide Ban-the-Box Law

by Littler on

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

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

Federal Appeals Court Concludes that Employer Violates Fair Credit Reporting Act by Including Liability Waiver in Mandated...

by Conn Maciel Carey LLP on

Employers procuring credit reports for applicants or current employees must navigate exacting disclosure and procedural requirements under the Fair Credit Reporting Act (FCRA). In a question of first impression in the...more

Ninth Circuit: “Solely” Means “Solely” When It Comes to FCRA-Mandated Disclosures

Does your company conduct applicant background checks? If so, you are no doubt familiar with the disclosure requirements of the federal Fair Credit Reporting Act. Among other things, the FCRA states that employers may not...more

Employment Background Checks: In a State of Flux, but Still Worth Doing

by Fisher Phillips on

Background checks have been a tool for employers to use to screen applicants for quite some time.  However, recently there have been many changes and an increase in litigation in the background check arena....more

It's Not Just a Box: Understanding How "Ban-the-Box" Laws Go Beyond Your Employment Application

by Littler on

In 1998, Hawaii became the first state to “ban the box,” prohibiting private employers from inquiring about a candidate’s criminal history until the employer has made a conditional offer. It was not for another 12 years...more

Employers Use of Background Check Reports and Limitations on Use

by Arnall Golden Gregory LLP on

Are you an employer that conducts pre-employment background checks for new hires, or maybe background checks for existing employees for promotion, reassignment or retention purposes? Ever randomly wonder if you can use that...more

Compliance News Flash

by Arnall Golden Gregory LLP on

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. On February 28 at 3 pm EST Montserrat Miller, a Partner with Arnall Golden...more

Employer Commits Willful Violation of Fair Credit Reporting Act By Including Waiver In Statutorily Mandated Disclosure

by Jackson Lewis P.C. on

In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA. In sum, the...more

Bare Statutory Violation of FCRA Fails to Satisfy Standing Requirements Post-Spokeo, Says District of New Jersey in Suit Over...

by Reed Smith on

Michaels escaped a potential class action alleging Fair Credit Reporting Act (“FCRA”) violations late last month when a federal judge found the United States Supreme Court’s recent decision in Spokeo, Inc. v. Robbins, 136 S....more

Pre-Employment Background Screening 101 – Mitigate Your Risk

by Arnall Golden Gregory LLP on

A series of recent class action complaints against employers leads me to write about what employers can do to mitigate risk with respect to their background screening program. I’m talking about pre-employment background...more

Courts to Employers: Get Your Background Searches in Order

by Baker Donelson on

Over the last few years, employers are facing a new type of class action claim – improper disclosure and authorization for background searches during the hiring process. Some courts have found violations are "willful,"...more

Nothing Crafty About Michaels’ Disclosure Under Spokeo

by Carlton Fields on

A New Jersey District Court followed Spokeo’s Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores. Plaintiffs claimed that Michaels’ online employment application...more

Ninth Circuit Rules an Employer Willfully Violated the Fair Credit Reporting Act by Including Liability Waiver With the Disclosure...

In a case of first impression, the Ninth Circuit ruled that an employer willfully violated the Fair Credit Reporting Act (FCRA) by including a liability waiver in a disclosure and authorization form that it provided to a job...more

In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

by Bass, Berry & Sims PLC on

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more

Employers Violate the Disclosure Requirements of the FCRA if They Include Anything More Than the Disclosure Itself

by Clark Hill PLC on

On January 20, 2017, in a case of first impression, the Ninth Circuit Court of Appeals ruled that a prospective employer violates Section 1681b(b)(2)(A) of the Fair Credit Reporting Act (FCRA) when it procures a job...more

Ninth Circuit is the First Appellate Court to Rule on “Extraneous Text” in a FCRA Background Check Disclosure

by Littler on

On January 20, 2017, the U.S. Court of Appeals for the Ninth Circuit became the first appellate court to rule on the lawfulness of a liability waiver in a Fair Credit Reporting Act (FCRA) disclosure. In Syed v. M-I, the...more

Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

by Ballard Spahr LLP on

In a case presenting a question of first impression in the federal courts of appeals, the Ninth Circuit has held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant's...more

The Fair Credit Reporting Act is Not Just About Credit Reports

Employers have the legal ability and opportunity to utilize information contained in consumer credit reports to evaluate employees if they follow the rules. But if you don’t understand the rules and, therefore, fail to...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

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