In a recent case, Oconomowoc Area School District v. Cota, the Wisconsin Supreme Court examined the definition of “arrest record” and the circumstances under which employers may lawfully consider arrest records in making...more
Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance. The...more
9/3/2024
/ Background Checks ,
City of Los Angeles ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New Regulations
Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening. ...more
1/5/2024
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation ,
Pennsylvania ,
State Labor Laws
A May 2021 court decision in California, All of Us or None v. Hamrick, caused significant background check delays in some California county courts and left background check companies unable to report some criminal record...more
On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA)...more
4/6/2022
/ Adverse Employment Action ,
Article III ,
Background Checks ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Putative Class Actions ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
Last year, the City of Columbia, South Carolina enacted an ordinance that appeared to require substantial changes to private employers’ criminal record and salary history inquiry practices. At the time of enactment, the...more
2/10/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Regulatory Requirements ,
Salaried Employees ,
Salary/Wage History ,
State and Local Government
A federal court’s recent decision demonstrates the value in reviewing all documents related to the independent contractor background screening process to attempt to solidify potential defenses to expansive class-action...more
On September 10, 2018, in Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the U.S. Court of Appeals for the Third Circuit joined the chorus of recent circuit court opinions tackling the question of...more
9/11/2018
/ Adverse Action ,
Appeals ,
Article III ,
Background Checks ,
Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Job Applicants ,
Standing ,
Statutory Violations
Fair Credit Reporting Act (FCRA) class action lawsuits against employers are reaching epidemic proportions as class-wide settlements encourage more lawyers to move into this niche practice area....more
On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more
In a climate of increased national scrutiny regarding employer use of criminal background screening, plaintiffs are turning to a provision in the Pennsylvania Criminal History Record Information Act (CHRIA), 18 Pa.C.S. §...more
In This Issue:
- Summary Of FCRA Obligations On Employers That Use Consumer Reports
- Potential Liability For FCRA Non-Compliance
- The Swelling Tide Of Class Action Filings
- Mitigating Measures
-...more
8/4/2014
/ Background Checks ,
Best Management Practices ,
Class Action ,
Consumer Reports ,
Credit Reports ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Risk Assessment ,
Risk Mitigation ,
Screening Procedures
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more
2/5/2013
/ Background Checks ,
Burden of Proof ,
Credit History ,
Criminal Background Checks ,
Daubert Ruling ,
Dismissals ,
Disparagement ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Summary Judgment ,
Title VII