News & Analysis as of

Disclosure Requirements Ban the Box

Littler

New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About...

Littler on

The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks.  Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...more

Sheppard Mullin Richter & Hampton LLP

The Department of Fair Employment and Housing Ramps Up Enforcement of California’s “Ban-the-Box” Law

The California Department of Fair Employment and Housing (“DFEH”) recently announced a new effort to identify and correct violations of the Fair Chance Act. The Fair Chance Act, which was enacted in January 2018 and is...more

McDermott Will & Emery

California Employers: Your Online Job Advertisements Could Get Your Business in Hot Water

McDermott Will & Emery on

The California Department of Fair Employment and Housing (DFEH) announced a new affirmative effort to detect and correct violations of the Fair Chance Act (FCA)—California’s ban-the-box law—by using online technology to...more

Morgan Lewis

Illinois Amends Antidiscrimination, Pay Equity, and Business Disclosure Laws

Morgan Lewis on

Illinois Governor J.B. Pritzker signed Senate Bill 1480 into law on March 23, effective immediately. The new law limits employers’ use of conviction records in making employment decisions, requires broad workplace demographic...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

McDermott Will & Emery

[Webinar] Background Checks: The Advent of the New Employment Class Action (Part 2) - September 10th, 11:00 am PT

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

Seyfarth Shaw LLP

Ninth Circuit Rejects “Novel” FCRA Standalone Theory

Seyfarth Shaw LLP on

Seyfarth Synopsis: In recent years, federal courts have weighed in on the Fair Credit Reporting Act’s (FCRA) requirement that consumer report disclosures be in a standalone document consisting solely of the disclosure. ...more

Littler

Ninth Circuit Reinforces Prohibition Against “Extraneous” Information In Background Check Disclosures

Littler on

On March 20, 2020, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act...more

Vedder Price

Take a Number: States and Cities Line Up to Ban Salary History Questions

Vedder Price on

A common inquiry in interviews and applications may soon land employers in hot water. States and municipalities across the country are passing legislation barring employers from asking job applicants about their salary...more

Lowndes

Background Checks: Fair Credit Reporting Act Compliance

Lowndes on

Employees – and unsuccessful applicants for employment – are increasingly asserting claims under the Fair Credit Reporting Act (FCRA) for violations arising out of background checks conducted by third party credit reporting...more

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

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

Smith Anderson

“Ban-the-Box” and Other Laws Limiting an Employer’s Use of Criminal History

Smith Anderson on

Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more

Littler

FINRA Members Subject to New Background Screening Rules

Littler on

Last year, the Financial Industry Regulatory Authority (FINRA), a non-governmental organization that regulates member brokerage firms and exchange markets, approved proposed Rule 3110(e), which enhances the background...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

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