News & Analysis as of

Background Checks Credit Checks

Mitratech Holdings, Inc

What Is the Best Background Check for Employers?

Trying to find the best background check for employers? That magical screening tool that will keep your organization and your workers safe? You’re not alone....more

Seyfarth Shaw LLP

Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions

Seyfarth Shaw LLP on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only...more

Epstein Becker & Green

Philadelphia Expands Ordinance Limiting Employer Use of Credit Checks

On January 20, 2021, Mayor Jim Kenney signed legislation amending the Philadelphia Fair Practices Ordinance, which prohibits covered employers from procuring, considering, or otherwise using a job applicant’s or employee’s...more

Davis Wright Tremaine LLP

Hire With Less Risk: Limits On Employment Candidate Inquiries In California

California state and local legislation has made the employment application and interview process nearly as nerve-wracking for employers as it is for prospective candidates. From salary history to criminal history, topics once...more

Parker Poe Adams & Bernstein LLP

Even if Credit Report Is Accurate, Federal Law Requires Notice of Right to Dispute

The federal Fair Credit Reporting Act (FCRA) provides protections for persons subject to “consumer reports” provided by third parties, including criminal background and credit checks mandated by employers. The employee or...more

Farella Braun + Martel LLP

California Supreme Court Clarifies Background Check Laws in California

Employers which use background checks in their hiring process without obtaining written authorization may wish to review their practices. The California Supreme Court has rejected an argument that employers could not...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information

The Seventh Circuit Court of Appeals has become the second federal court of appeals to weigh in on an important legal issue for employers in defending against expensive, increasingly common Fair Credit Reporting Act (FCRA)...more

Blake, Cassels & Graydon LLP

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Foley & Lardner LLP

Is Your Background Check Too Broad? New D.C. Law Bans Requests for or Use of Credit Information

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Credit information is often one component of a comprehensive employment background check. As we have previously reported, employers utilizing background checks performed by a credit reporting agency are subject to a number of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New D.C. Law Restricts Employer Use of Credit Histories in Employment Decisions

On February 15, 2017, Washington, D.C., Mayor Muriel Bowser signed into law the District of Columbia’s Fair Credit in Employment Amendment Act of 2016 (FCEAA). This Act, which amends the District’s Human Rights Act of 1977,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

It’s (Not So) Sunny in Philadelphia [for Employers]: City Enacts New Prohibitions on Credit Checks

A new Philadelphia ordinance amending the City’s Fair Practices Act goes into effect on July 7, 2016. The amendment severely limits an employer’s ability to procure and use credit information on most applicants and employees...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Best Practices for Conducting Pre-Employment Background Checks in Canada

Many employers perform background checks before hiring their employees. The process could be as simple as checking an applicant’s professional credentials, education, and references, or as detailed as a criminal records check...more

Dechert LLP

Effect of Recent New York City Amendments May Limit Brokers and Advisers in Conducting Credit and Background Checks on Potential...

Dechert LLP on

The New York City Council recently passed two amendments to the New York City Human Rights Law that are likely to substantially affect the manner in which firms in New York City may evaluate the qualifications and background...more

Seyfarth Shaw LLP

The Fair Chance Act And Stop Credit Discrimination In Employment Act--New Interpretations From The NYCCHR

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Earlier this year, the New York City Council passed two laws which place limitations on an employer’s ability to use background checks including credit checks (otherwise known as consumer reports) in employment decisions: the...more

Proskauer - Law and the Workplace

NYC Commission on Human Rights Explains New NYC Background Check Laws

We were pleased to host a program on September 28, 2015 on New York City’s two new background check laws, the Stop Credit Discrimination in Employment Act and the Fair Chance Act. Paul Keefe, Supervising Attorney at the NYC...more

Kelley Drye & Warren LLP

The NY City Commission Speaks – Be Careful in Claiming an Exemption from the NY City “Credit Check Law”

With the New York City “Stop Credit Discrimination in Employment Act” now in effect (as of September 3, 2015), the City Commission has just released guidelines for some ambiguous points in the law. We first wrote about the...more

Akin Gump Strauss Hauer & Feld LLP

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

Morgan Lewis

NYC Commission on Human Rights Releases Interpretive Enforcement Guide for the SCDEA

Morgan Lewis on

The Commission’s guide outlines narrow interpretation and recordkeeping requirements for employers seeking exemptions to the SCDEA, as well as guidance on enforcement and penalties for SCDEA violations....more

Proskauer - Law and the Workplace

NYCCHR Issues Guidance on Credit Check Law

The New York City Commission on Human Rights (the “Commission”) has just issued guidance in respect of the Stop Credit Discrimination in Employment Act (the “SCDEA”), which goes into effect September 3, 2015 and modified the...more

Katten Muchin Rosenman LLP

Federal Reserve Changes Name Check Process

As part of its responsibilities as the primary federal banking regulator for bank holding companies, savings and loan holding companies and state-chartered banks that are members of the Federal Reserve System (referred to as...more

Foley & Lardner LLP

Background Checks? That is the Question

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Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more

Proskauer - Law and the Workplace

Credit Checks To Be Banned in NYC

On April 16, 2015, by a 47-3 vote, the New York City Council passed a bill (Int. 0261-2014) to amend the NYC Human Rights Law to prohibit most employers from inquiring into or considering a prospective or current employee’s...more

Hinshaw & Culbertson LLP

Fourth Circuit Finds EEOC's Expert Report Unreliable Under Federal Rules of Evidence

As part of an employer's business in providing integrated services for high level events, it commenced background checks of all prospective employees, including credit checks for positions dealing with "credit sensitive"...more

Baker Donelson

Background Checks Increasingly Leading to Litigation

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Background checks are increasingly leading to class action lawsuits alleging violations of the Fair Credit Reporting Act ("FCRA"). Many employers utilize background checks that include "consumer reports" during the hiring...more

Foley & Lardner LLP

Watch Your Back: The Growing Threat of FCRA Background Check Class Actions

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Class action suits against employers alleging a violation of the Fair Credit Reporting Act when using background checks performed by a credit reporting agency have more than tripled in 2014, with new cases continuing to be...more

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