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Motion to Dismiss › Job Applicants

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements

Dickinson Wright on

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Proskauer - Law and the Workplace

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

Proskauer - Law and the Workplace on

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

Fisher Phillips

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

Fisher Phillips on

A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

Verrill

Is Your Website Accessible to Disabled Online Job Seeker?

Verrill on

On March 22, 2019, a federal judge permitted an Ohio man’s class action lawsuit to proceed against Ford Motor Company. The lawsuit alleges the company discriminated against disabled job applicants because its online job...more

Womble Bond Dickinson

Eastbound, but not out. Loaded up but not trucking.

Womble Bond Dickinson on

In Luna v. Wal-Mart Trans., LLC, 2018 WL 5726204 (W.D. Ark. Nov. 1, 2018), the Court provided a good reminder that there are exceptions to the FCRA’s “stand-alone” disclosure requirement. Under the facts of the case,...more

Womble Bond Dickinson

States are Immune from Suit Under the FCRA

Womble Bond Dickinson on

You cannot sue a state under the FCRA. That is the message that a court delivered to a pro se plaintiff in Pendergrass v. Washington Metro. Area Transit Authority, 2018 WL 4938578 (D. D.C. Oct. 11, 2018). Under the facts of...more

Womble Bond Dickinson

The Tassel is Worth the Hassle: Putative Class Action Dismissed after Court Finds that Accurately Reported College Enrollment...

Womble Bond Dickinson on

15 U.S.C. 1681c of the Fair Credit Reporting Act (“FCRA”) governs the requirements for information contained in consumer reports. Section 1681c(a) provides that there are six categories of information that are generally...more

Littler

Employers Prevail in FCRA Class Actions

Littler on

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

Williams Mullen

Target's Successful Defense To A FCRA Class Action Is Good News For Employers

Williams Mullen on

Target requires job applicants to sign a “Consent & Disclosure” form advising the applicant that Target will obtain an employment background report. The form discloses that a consumer report or investigative consumer report...more

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