News & Analysis as of

Fair Credit Reporting Act (FCRA) Employee Rights

Seyfarth Shaw LLP

Washington’s Fair Chance Act: New Amendments Transform Employer Background Check Policies

Seyfarth Shaw LLP on

In 2018, Washington enacted a Fair Chance Act, requiring covered employers to wait until after considering an applicant to be “otherwise qualified” for the position at issue to inquire about or consider criminal history when...more

McGlinchey Stafford

Court Awards No Actual, Statutory, Reputational, or Punitive Damages for FCRA Violation in Wrongful Termination Suit

McGlinchey Stafford on

Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA)....more

Woods Rogers

A Guide to Running Background Checks: What's the Tea in L&E?

Woods Rogers on

In our latest episode, Anne Bibeau, co-chair of the Labor & Employment practice, joins host Leah Stiegler to explore best practices for navigating hiring individuals with criminal backgrounds. Leah and Anne share insights on...more

Bass, Berry & Sims PLC

Navigating Tennessee Background Check Laws: A Guide for Employers

Bass, Berry & Sims PLC on

Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring...more

Tucker Arensberg, P.C.

A Primer on AI Issues in the Workplace - Part 1

Tucker Arensberg, P.C. on

Employers that use tracking technology and artificial intelligence (AI) to monitor workers and make employment decisions may now have one more thing to worry about—the Fair Credit Reporting Act (FCRA)....more

Proskauer - Law and the Workplace

Florida HR Considerations: Marijuana in the Workplace

First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v....more

Mitratech Holdings, Inc

Common Background Screening Mistakes

Did you know that 94% of companies perform background checks? Of those, almost all are criminal record checks, fingerprinting, and verifications. But is that the right approach? And with so many people doing them, it should...more

FordHarrison

The New Era of Mental Health in the Workplace; the FMLA and ADA Implications

FordHarrison on

Executive Summary: - There is no denying that the COVID-19 pandemic has changed the landscape of the workplace. Whether for better or for worse may be subject to debate and personal opinion, but what is a fairly certain...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Pillsbury Winthrop Shaw Pittman LLP

Countdown to CCPA #4: Governor Signs CCPA Amendment to Add Additional Exemptions

Information collected in employment or business-to-business contexts is exempt for one year. For the first year it is in effect, the CCPA will not apply to personal information collected about employees or in B2B...more

Seyfarth Shaw LLP

Using Credit Histories In Employment Decisions: An Overview Of Divergent State & Local Requirements

Seyfarth Shaw LLP on

Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has...more

Genova Burns LLC

Your Credit is No Good Here: Philadelphia Becomes Latest Jurisdiction to Make It Unlawful to Use Credit Information in Employment

Genova Burns LLC on

On June 7, 2016, Philadelphia Mayor Jim Kenney signed into law Philadelphia Bill No. 160072, which amends Philadelphia’s “Fair Practices Ordinance: Protections Against Unlawful Discrimination,” Chapter 9-1100, et seq. of the...more

Mintz - Employment, Labor & Benefits...

The New York City Commission on Human Rights Releases Enforcement Guidance on the Stop Credit Discrimination in Employment Act

Last week, the Stop Credit Discrimination in Employment Act became effective. It amended the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or applicant’s...more

Proskauer - Law and the Workplace

Georgia Enacts “Mini”-FCRA

For more than four decades, the federal Fair Credit Reporting Act (“FCRA”) has regulated consumer reporting agencies (“CRAs”) that furnish consumer reports (i.e., background checks) to third parties such as employers. Over...more

Akerman LLP

Florida Civil Rights Act Prohibits Pregnancy Discrimination

Akerman LLP on

The Florida Civil Rights Act prohibits pregnancy discrimination in employment, according to an April 17th decision by the Florida Supreme Court, Delva v. The Continental Group, Inc., Case No. SC12-2315 (Fla. April 17, 2014). ...more

Littler

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

Littler on

In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more

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