News & Analysis as of

Fair Credit Reporting Act (FCRA) Hiring & Firing Job Applicants

Amundsen Davis LLC

Key Takeaways - Terminating the Problem Employee

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In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...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

Mitratech Holdings, Inc

How Far Back Does a Background Check Go?

Background checks are an essential part of the hiring process and personal safety. But how far back do they go? If you’ve ever wondered about the time limits on background checks, you’re not alone....more

Mitratech Holdings, Inc

7 Tips for Effective Background Screening of Hourly Employees

Hiring hourly workers, especially in high-volume sectors like retail, hospitality, healthcare, and construction, presents unique challenges. The demand for quick hiring can sometimes lead to shortcuts in the background...more

Ballard Spahr LLP

Appeals Court: No FCRA Informational Injury Standing

Ballard Spahr LLP on

A job applicant who claims he was not fully informed about adverse information that appeared on a background check is not entitled to relief under the Fair Credit Reporting Act (the FCRA), the Sixth Circuit Court of Appeals...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts State Appeals Court orders a consumer has standing to sue in state court under the FCRA without federal standing

On January 11, the Massachusetts Court of Appeals ordered that an employee has standing to sue in state court, despite lacking standing to sue in a federal court. The employee (plaintiff) sued a prospective employer for...more

Akerman LLP - HR Defense

Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

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A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that...more

Venable LLP

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

Venable LLP on

Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more

Proskauer Rose LLP

Employment Issues in Generative AI

Proskauer Rose LLP on

The second webinar in our series, “Employment Issues in Generative AI,” explored the evolving impact of generative AI (or “GAI”) on the workplace and how employers can work to ensure the ethical and responsible use of AI...more

Troutman Pepper Locke

Calif. FCRA Ruling Boosts Technical Claim Defense

Troutman Pepper Locke on

A significant decision from a California state appeals court has shifted the legal landscape for technical Fair Credit Reporting Act claims brought in California state court in favor of defendants. Originally published in...more

Jackson Lewis P.C.

Manufacturing Employers Continue Smart Hiring, With a New Twist

Jackson Lewis P.C. on

Today’s manufacturers must be creative, yet transparent, in attempting to attract entry level and semi-skilled applicants to positions in good work environments with competitive pay and benefits (despite out-of-date...more

Fisher Phillips

Employers Must Update Their Summary of Rights Notice for Background Check Screenings

Fisher Phillips on

Employers should promptly update their Summary of Consumer Rights notice provided to applicants and workers before taking adverse employment action based on their background check reports, thanks to a new rule about to take...more

Littler

Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

Littler on

On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of...more

Troutman Pepper Locke

California Federal Court Rules Employer’s Background Check Disclosures Meet FCRA Requirements

Troutman Pepper Locke on

A recent opinion issued by the U.S. District Court for the Northern District of California granted an employer’s motion for summary judgment, rejecting a series of technical arguments advanced by the plaintiff that the...more

Littler

Reports About the Wholesale Demise of Claims Against Employers Under the Fair Credit Reporting Act (FCRA) are Premature

Littler on

The continued filing of lawsuits against employers under the FCRA underscores the need for in-house counsel, Human Resources, and Talent Acquisition to comply with the statute, especially the “pre-adverse action” notice...more

BCLP

New York City Mandates AI Bias Analysis

BCLP on

Businesses have become increasingly reliant on artificial intelligence (AI) to assist with hiring, promotion, and other employment-related tasks. These tools are facing increased scrutiny from regulators, especially in New...more

Akerman LLP - HR Defense

Checking Applicant Backgrounds? Be Careful!

Background checks are a great idea—unless you fail to do them correctly. Mistakes can be costly. One online retailer paid $5 million to settle a class action filed by 454,000 job applicants alleging violations of the Fair...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Latest in Multi-Jurisdictional Background Check Compliance

Conducting criminal background checks on job candidates is a common practice for employers but one that raises a host of compliance concerns amid a series of federal, state, and local laws and regulations governing how and...more

Fisher Phillips

Federal Appeals Court Sides with Employer in Job Applicant’s Background Check Suit: 3 Steps to Avoid Similar Claims

Fisher Phillips on

A job applicant who didn’t disclose a felony conviction can’t sue her prospective employer under a federal background-check law for failing to provide proper notice before rescinding her offer, according to a recent decision...more

Weintraub Tobin

No Good Deed Goes Unpunished? Use Lawyers to Avoid Trouble Related to Background Checks

Weintraub Tobin on

A precedential decision last week by the California Court of Appeal may leave some employers feeling like no good deed goes unpunished. That decision ruled that a jury would have to decide if an employer willfully violated...more

Ballard Spahr LLP

Eighth Circuit finds that class-action FCRA plaintiff lacks Article III standing under Spokeo

Ballard Spahr LLP on

The Eighth Circuit reiterated in a decision last month that trial courts must distinguish between FCRA plaintiffs who have suffered concrete harm and plaintiffs who merely seek to collect statutorily allowed damages as a way...more

Littler

New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About...

Littler on

The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks.  Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...more

Burr & Forman

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

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Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the...more

FordHarrison

Trust but Verify: Lessons Learned from “Inventing Anna”

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If “fake it till you make it” were a person, she would be fake German heiress Anna Sorokin, a.k.a. Anna Delvey. Netflix’s latest viewer obsession Inventing Anna, created by Shonda Rhimes, tells the “completely true, except...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

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