Screening Procedures

News & Analysis as of

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

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

Regulatory references: the new rules of recruitment for the financial sector

On 7 March 2017, the recruitment practices of banks and insurers are changing with the introduction of mandatory regulatory references. It is expected that these rules will be rolled out to all PRA and FCA authorised firms in...more

Nothing Crafty About Michaels’ Disclosure Under Spokeo

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

Immigration-Related FAQs In Response to President Trump’s Recent Executive Orders, as of February 2, 2017

Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more

New Child Care Background Check Bill Leaves More Questions Than Answers

Seyfarth Synopsis: Background screening companies that provide background checks to online child care job posting services in California may face increased civil liability as they seek to comply with new Assembly Bill No....more

Update on Trump Executive Actions

On Friday, 1/27/17, Trump signed an executive order suspending admission to the United States of foreign nationals from the following countries for a period of at least 90 days...more

Executive Order Impacting Immigration

President Donald Trump has signed an Executive Order that immediately suspends entry into the United States for nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the U.S. for a period of 90 days....more

Executive Order Bans Entry of Foreign Nationals From Seven Countries

Last Friday, President Trump signed an executive order banning the entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to the United States for a period of at least 90 days. The executive order,...more

What Employers Should Know About How the January 27 Executive Order Reshapes the Current State of Immigration in the United States

On January 27, 2017, President Trump signed an Executive Order (EO) dramatically reshaping the current state of immigration in the United States. The EO's main points are...more

Another Trump Executive Order Expected Soon

The American Immigration Lawyers Association (AILA)anticipates that an Executive Order (EO) will soon be signed by President Trump, which relates to visa issuance, screening procedures, and refugees. AILA reports that a...more

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

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

How to Get an A+ On Your Next Hire

When it comes to filling vacant positions at your school, you not only need to find the best talent available, but you also need to locate faculty and administrators who will thrive in your unique community. In many cases,...more

BREAKING: FMCSA Announces National Drug And Alcohol Testing Clearinghouse For Commercial Truck, Bus Drivers

The day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of...more

Tenant Screening and the FCRA

The Federal Trade Commission (“FTC”) recently issued guidance applicable to background screening companies (aka consumer reporting agencies) who engage in tenant screening. The FTC highlights four key responsibilities of...more

Issues in Interviewing: The Right Way to the "One"

The candidate interview is one of the most vital components in the hiring process. Accordingly, it involves the most forethought and planning. As an employer, you will interview a whole host of applicants to find the...more

Hiring Without Headaches – A Possibility or Fantasy?

So this week, I’ll be speaking at our firm’s semi-annual Labor & Employment Law seminar. Amazingly, we have reached capacity for this event and are now taking names for a waiting list! Many thanks to all who have signed up. ...more

California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions

On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes.  The...more

Alleged Wiretap Act and CIPA Violations Held to Satisfy Spokeo Test for Standing in Latest Gmail Privacy Class Action

In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of...more

I Can’t Ask That? - Taking a Closer Look at Citizenship and National Origin Discrimination

When seeking a qualified candidate for an open position, Human Resources professionals are aware that it is generally impermissible to inquire about or consider an applicant’s race, sex, religion, or disability during the...more

New Jersey Bill Seeks to Bar Pre-Hire Inquiries into Candidate Compensation History

The New Jersey State Assembly is considering a bill (A-4119) that would amend the New Jersey Law Against Discrimination (“LAD”) to prohibit an employer from seeking compensation information on a candidate. If passed, the...more

Compliance is a Business

Compliance is a business. That statement should not come as a shock or even a surprise to anyone who has worked in the corporate world. Every part of a business should work towards doing business. Yet many compliance...more

Effective July 1, 2016, School Districts Subject to New Requirements for Employee Background Checks

Previously, Conn. Gen. Stat. § 10-222c merely required school districts to make a documented good faith effort to contact previous employers of applicants to obtain “information and recommendations which may be relevant to...more

California Federal Judge Certifies Class in S2Verify FCRA Class Action Using Spokeo Concreteness Test

Last week, the decision in the Spokeo case influenced a California court’s decision to certify a class in a Fair Credit Reporting Act (FCRA) case. The class of applicants who claim that S2Verify, a background check company,...more

CFPB files amicus brief in Ninth Circuit in remanded Article III standing case

This past May, the U.S. Supreme Court, in Spokeo, Inc. v. Robins, ruled 6-2 that a plaintiff alleging a Fair Credit Reporting Act violation does not have standing under Article III of the U.S. Constitution to sue for...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

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