On October 24, 2024, the federal Consumer Financial Protection Bureau (CFPB) published a circular cautioning employers about using workplace tracking technology, including AI, under the Fair Credit Reporting Act (FCRA). The...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
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
1/27/2021
/ Ban the Box ,
Criminal Background Checks ,
Discrimination ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Local Ordinance ,
Screening Procedures
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 December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in...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 This Issue:
- Summary Of FCRA Obligations On Employers That Use Consumer Reports For Employment Purposes
- Potential Liability For FCRA Non-Compliance And The Growing Wave Of FCRA Class Action
-...more