Showing Posts In "Legal Issues" Category

Understanding the Differences Between State and Federal Criminal Jurisdictions

Authored by: Involgo

This white paper provides a comprehensive comparison of state and federal criminal justice systems in the United States, specifically examining the differences in how charges, dispositions, and sentencing are defined and handled. The paper is intended for legal professionals, HR and Trust & Safety leaders, and background screening experts who require a […]

Washington Overhauls Employment Laws on Reductions in Force and Background Checks

Washington State has enacted significant employment law changes affecting reductions in force (RIFs) and background checks. Effective July 27, 2025, the new “mini-WARN” law requires employers with 50 or more employees to provide 60 days’ notice before mass layoffs or business closures, mirroring federal WARN Act provisions but with broader protections, including restrictions on layoffs […]

Uber Driver Background Check Materials Must Be Produced in Sexual Assault Lawsuits: Court

A federal judge ordered third-party background check companies to release records on Uber drivers accused of sexual assault as part of pretrial preparations for six bellwether lawsuits starting December 2025. Plaintiffs allege Uber’s insufficient background checks and lack of safety measures, like surveillance cameras or gender-based driver requests, enabled assaults. These trials will influence the […]

Legal Landscape for AI Use in Candidate Recruiting and Screening Is Changing

Employers using AI in hiring face increasing legal scrutiny. A California lawsuit alleges Workday’s AI tool discriminated against a candidate based on race, age, and disability, with the court allowing the case to proceed under Title VII, ADEA, and ADA. States like Colorado and Illinois are enacting laws requiring transparency and anti-discrimination measures in AI […]

Chicago Lifeguard Who Allegedly Shot Teens Passed All Background Checks

A Chicago Park District lifeguard, Charles Leto, 55, has been charged with first-degree murder and attempted murder after shooting two unarmed teenagers at Douglass Park on June 26, killing 15‑year‑old Marjay Dotson and critically wounding 14‑year‑old Jeremy Herred. Leto resigned immediately and is barred from future rehiring. An internal review exposed failures in documenting prior complaints and […]

How to Adapt to Shifting Background Check Regulations: A Guide for Employers

A study was recently conducted by Checkr to gain an understanding of concerns and challenges of ever-changing federal and state laws regarding background checks. The first concern is remaining compliant with Fair Credit Reporting Act (FCRA) regulations and Clean Slate laws that have popped up across the county over the past several years. The study […]

Background Screening Legislative Trends to Watch in 2024

Several new employment laws were introduced last year and Sterling’s 2023 compliance webinar, in partnership with SHRM, addressed the ways in which employers can leverage these trends to help organizations mitigate risk. A few topics to be aware of include adverse action, drug testing, and industrial and regional regulations. Things to keep an eye on […]

Magistrate Judge Recommends No FCRA Liability for Accurately Reporting a Publicly Available Conviction That Was Expunged

The plaintiff in Peeples v. National Data Research, Inc. (NDR) applied to a pre-med program and was required to complete a background check from NDR as part of the application process. The plaintiff sued NDR when it failed to remove an expunged conviction from the report. The judge recommended granting summary judgment in the Fair […]

Massachusetts State Appeals Court Orders a Consumer has Standing to Sue in State Court Under the FCRA Without Federal Standing

The Massachusetts Court of Appeals has ordered that an employee has standing to sue in state court, despite lacking standing to use in a federal court. The decision followed a case in which the employee sued a prospective employer for allegedly conducting a background check in a manner that violated the FCRA.

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CFPB and FTC File Amicus Brief Urging Fourth Circuit to Find FCRA Requires Investigation Regardless of Whether Dispute is Factual or Legal

The Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) filed an amici curiae brief urging the U.S. Court of Appeals for the Fourth Circuit to reverse a district court’s finding that furnishers need not investigate indirect disputes involving purely legal questions under the Fair Credit Reporting Act (FCRA). The move followed the court’s […]