News & Analysis as of

Fair Credit Reporting Act (FCRA) Civil Rights Act

McGlinchey Stafford

Can a Consumer Prevail in an FCRA Case Without Actual Damages? - McGlinchey Commercial Law Bulletin - November 16, 2023

McGlinchey Stafford on

Oral Contract claims- Scott v. First Choice Auto Clinic, Inc., 10th Dist. Franklin No. 2023-Ohio-3855. In this appeal, the Tenth Appellate District affirmed in part and reversed in part the trial court’s decision to...more

Seyfarth Shaw LLP

California Employers Using Criminal History Face New Compliance Obligations

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For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more

Rumberger | Kirk

Stranger Things Are Going On: Federal Judge Pulls Florida from First Amendment “Upside Down”

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Approved on April 22, 2022, and effective July 1, 2022, Governor DeSantis signed into law certain amendments to Florida’s Education Code and Florida’s Civil Rights Act. These amendments, officially known as House Bill 7 have...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

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Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...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

Littler

EEOC Continues to Scrutinize Criminal Record Screening Policies

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Employers that use criminal record-screening policies must continue to be vigilant about compliance with all applicable laws and should know that the EEOC’s scrutiny of such policies, while perhaps scaled back, has not ended....more

Hinshaw & Culbertson LLP

In Florida One-Event Sexual Advance at a Non-Work Sponsored Party Can Support Sexual Harassment and Retaliation Claims

Florida’s Fourth District Court of Appeal recently decided two questions of first impression under Florida law: (1) whether a one-event sexual advance at a private, non-work sponsored party may support sexual harassment and...more

Hinshaw & Culbertson LLP

Wisconsin Employers: Do Your Job Postings Run Afoul of the Wisconsin Fair Employment Act’s Prohibition Against Conviction Record...

Believe it or not, individuals with criminal convictions can make a business out of trolling online job boards for job postings that express an intent to discriminate against applicants with conviction records—think job...more

Littler

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

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On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

Littler

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

Littler on

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

Littler

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

Littler on

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

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

The Employment Law Authority - July/August 2015

A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more

Littler

Federal Court Limits Employer's Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC's Rights...

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In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an...more

Proskauer - Law and the Workplace

Class Action Stretches FCRA’s Limits to Target LinkedIn

With increasing regularity, states and localities have passed laws that limit the ability of private employers to inquire into or otherwise consider the criminal or credit histories of their prospective and current employees....more

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