News & Analysis as of

Hiring & Firing › Discrimination › Fair Credit Reporting Act (FCRA)

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Littler

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

Littler on

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

Proskauer - California Employment Law

California Further Limits Use of Criminal Background Information

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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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Fisher Phillips

What Should Employers Expect During The New Supreme Court Term?

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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

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

Littler

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

Littler on

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

McAfee & Taft

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

McAfee & Taft on

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

Manatt, Phelps & Phillips, LLP

Employment Law - April 2015 #2

Manatt, Phelps & Phillips, LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Fisher Phillips

Nevada Imposes Restrictions On The Use Of Credit Reports In Employment Decisions

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Employers frequently use credit reports (sometimes referred to as “consumer reports”) as a tool in determining whether to hire, promote or retain an employee. The Fair Credit Reporting Act (FCRA), a federal law, allows an...more

Sheppard Mullin Richter & Hampton LLP

Is Your Criminal Screening Process Compliant?

Sheppard Mullin Richter & Hampton LLP on

An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace...more

Proskauer Rose LLP

Colorado Ninth State to Prohibit Credit Checks for Employment Purposes

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On April 19, 2013, Colorado's governor signed S.B. 18 to prohibit employers from considering an applicant's or employee's credit history in employment decisions. California, Maryland, Connecticut, Hawaii, Illinois,...more

Perkins Coie

Concerns About Databases Of Retail Employee Thefts

Perkins Coie on

On April 3, 2013, the New York Times published an article about commercial databases that contain reports from retail employers about employees who were accused of stealing from their workplaces. Other retailers, for a fee,...more

Baker Donelson

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

Baker Donelson on

The Department of Labor (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new directive advising federal contractors and subcontractors about potential liability that could result from using employees’...more

Proskauer Rose LLP

OFCCP Directive Adopts EEOC Guidance and Outlines New Procedures and Existing Legal Obligations Regarding Criminal Background...

Proskauer Rose LLP on

On January 29, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") adopted the Equal Employment Opportunity Commission's ("EEOC") April 25, 2012 Guidance regarding the use of criminal records in employment...more

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