Discrimination, Fair Credit Reporting Act (FCRA)

CFPB Emphasizes that AI is not Above the Law

Cozen O'Connor on 9/22/2023

The CFPB issued guidance for lenders on the use of artificial intelligence (AI) when determining whether or not to extend credit to consumers. The guidance clarifies that creditors relying on AI or other complex credit...more

Wiley Consumer Protection Download (May 16, 2022)

Wiley Rein LLP on 5/17/2022

Alvaro Bedoya Sworn in as FTC Commissioner Following Senate Confirmation. On May 16, Alvaro Bedoya was sworn in as FTC Commissioner. The U.S. Senate confirmed Bedoya to the FTC’s open Commissioner on May 11. ...more

AI & Algorithms (Part 4): The FTC’s Guidance on AI

Hogan Lovells on 6/10/2021

Although the U.S. has no federal law that specifically regulates artificial intelligence (AI), the Federal Trade Commission (FTC) has indicated that it may be preparing to exercise its consumer protection authority with...more

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

Littler on 1/27/2021

For years, Philadelphia has maintained ordinances substantially restricting employers’ use of criminal record and credit histories in employment screening. These regulations are in addition to, not in lieu of, the federal...more

Compliance News Flash - December 2020 #1

Arnall Golden Gregory LLP on 12/15/2020

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Florida Shortens Statute of Limitations for Certain Employment Discrimination Claims

K&L Gates LLP on 7/23/2020

OVERVIEW - Until July 1, 2020, Florida employers had to wait four years for the statute of limitations to expire when an employee filed a charge of discrimination under the Florida Civil Rights Act of 1992 (FCRA) with the...more

Torts & Insurance Cases from the 4th Circuit Court of Appeals - May 2017

Maynard Nexsen on 8/7/2017

Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &...more

California Further Limits Use of Criminal Background Information

Proskauer - California Employment Law on 3/7/2017

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

Businesses Take Note: The FTC Assesses Big Data Practices

Snell & Wilmer on 2/8/2016

Businesses engaged in big data practices should be mindful of a new report issued by the Federal Trade Commission (FTC), in which the FTC serves notice of its intention to monitor areas where big data practices can violate...more

FTC's Big Data Report Provides Road Map for Insurers Using Big Data

Carlton Fields on 1/27/2016

On January 6, the Federal Trade Commission ("FTC") released a report entitled "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues" ("Report") that follows the FTC's September 15, 2014 workshop on "the...more

Use of Big Data May Violate Federal Consumer Protection Laws, FTC Report Warns

Ballard Spahr LLP on 1/27/2016

A new Federal Trade Commission (FTC) report, "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues," warns that certain uses of big data consisting of consumer information may implicate various federal...more

FTC Report on Big Data Outlines Usage Limitations Under Federal Law

BakerHostetler on 1/18/2016

On January 6, 2016 the Federal Trade Commission (“FTC”) issued the report Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (“Report”), based on prior workshops and subsequent public comments on Big Data...more

New York City Severely Limits Employers' Right to Background Checks - Recent Legislation "Bans the Box" and Forbids Credit Checks...

Holland & Knight LLP on 10/23/2015

Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more

That is SO last week - October 2015 #2

Zelle LLP on 10/12/2015

Last week, Fortune introduced us to a new HR tech product called Perception. According to Fortune, Perception creator Kanjoya claims that the program can interpret the “intent and emotions” behind written text and filter out...more

What Should Employers Expect During The New Supreme Court Term?

Fisher Phillips on 9/30/2015

The first Monday in October is the traditional first day of a new U.S. Supreme Court term. As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers. Here is a review of...more

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

Littler on 9/23/2015

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

Financial Services Report, Fall 2015

Morrison & Foerster LLP on 9/18/2015

BELTWAY - Straight Out of the Seventh Circuit The Seventh Circuit recently affirmed a lower court’s ruling that the SEC cannot be sued in district court to stop it from bringing an administrative action. Bebo v. SEC, No....more

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

Littler on 9/16/2015

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act. ...more

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

Littler on 6/25/2015

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more

The Fair Credit Reporting Act: Why background checks are fueling the latest wave of class actions

McAfee & Taft on 6/1/2015

Many employers have third-party services run background checks on applicants, new hires, or existing employees. Many of these employers utilize these services to minimize the risk of claims of negligent hiring or...more

Fenwick Employment Brief - May 2015

Fenwick & West LLP on 5/20/2015

EEOC Conciliation Efforts Subject To Limited Judicial Review - In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are...more

Employment Law - April 2015 #2

Manatt, Phelps & Phillips, LLP on 4/30/2015

LinkedIn Search Doesn’t Implicate FCRA, California Court Rules - Why it matters: Granting LinkedIn’s motion to dismiss, a federal court judge in California held that LinkedIn users could not sue the site for...more

"'Ban the Box' Initiatives: Removing Conviction Histories From Employment Applications"

Skadden, Arps, Slate, Meagher & Flom LLP on 2/3/2015

The use of criminal records in the hiring process has received a great deal of attention in recent years. The Equal Employment Opportunity Commission issued guidance in 2012 requiring employers to demonstrate that conviction...more

CFPB Proposes Regulating Nonbank Auto Finance Companies

Carlton Fields on 1/16/2015

On September 16, the Consumer Financial Protection Bureau (CFPB) issued and requested comment on a proposed rule that would, for the first time, subject nonbank auto finance companies to federal regulation and oversight. The...more

Pregnancy Is a Protected Characteristic Under the Florida Civil Rights Act

Proskauer - Law and the Workplace on 10/16/2014

In April 2014, the Florida Supreme Court, resolving the split in the Florida District Courts of Appeal, held that the Florida Civil Rights Act (“FCRA”) prohibits discrimination in employment on the basis of pregnancy....more

Discrimination › Fair Credit Reporting Act (FCRA)

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