Disclosure Requirements, Employment Litigation, Appeals

Ninth Circuit Orders Release of Federal Contractor EEO-1 Reports

Proskauer - Government Contractor Compliance... on 8/5/2025

On July 30, 2025, the U.S. Court of Appeals for the Ninth Circuit ruled that the Department of Labor (“DOL”) must disclose federal contractor EEO-1 Reports requested by the Center for Investigative Reporting (“CIR”). The...more

Appellate court orders disclosure of contractors’ EEO-1 Reports

Constangy, Brooks, Smith & Prophete, LLP on 8/1/2025

The Ninth Circuit rules that FOIA does not protect data from disclosure. As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Bradley Arant Boult Cummings LLP on 2/21/2023

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

CA Appellate Court Addresses “Willfulness” Standard Under FCRA

Proskauer - Law and the Workplace on 5/4/2022

On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had...more

Background Checks: The Advent of the New California Employment Class Action

McDermott Will & Schulte on 11/6/2020

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Employer Prevails In FCRA Class Action In California

Littler on 4/17/2019

On April 15, 2019, a California Court of Appeal affirmed summary judgment for the employer in an action alleging class-wide violations of the hyper-technical provisions of the federal Fair Credit Reporting Act (FCRA)....more

Federal Background Check Disclosure Form Must Not Include State Law Disclosures, Ninth Circuit Holds

Stinson LLP on 2/14/2019

Two weeks ago, the U.S Court of Appeals for the Ninth Circuit held in Gilberg v. California Check Cashing Stores, LLC that a federal background check disclosure form that also included state law notices violated the Fair...more

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