Showing Posts In "Legal Issues" Category

Criminal Record Screening Policies Continue to Raise Important Multi-Jurisdictional Compliance Issues

In a recent case that resulted in a multi-million dollar settlement by a leading retailer, the employer settled a class action lawsuit for a significant cash payout, including $165,000 in attorneys fees and other programmatic relief. The plaintiffs in the case allege that the employers criminal record screening policies violated New Yorks statutory protections for […]

Commonwealth Court Upholds Reinstatement of Pennsylvania Professor with Sexual Abuse Conviction

Lock Haven University placed a professor on paid administrative leave when it learned of a sexual abuse conviction that took place more than a decade before his hire. Although the Commonwealth Court granted an injunction limiting the background checks to faculty that met certain specifications which the professor had the arbitrator in the case found […]

CA High Court Confirms Written Authorization Required for Most Employer Background Checks

In the state of California, two statutes the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit Reporting Agencies Act (CCRAA) both govern the steps employers must take before ordering a background report on a potential or current employee. The states Supreme Court recently confirmed that employers there must ensure compliance with both statutes […]

Amendments to California Consumer Privacy Act Head to Governors Desk

SB 1121, which was passed by the California legislature, amends the California Consumer Privacy Act (CCPA) and contains a few substantive changes. These include a revision to the definition of personal information and several exemptions, such as HIPAA covered entities and health care providers; HIPAA business associates with respect to protected health information governed by […]

Wells Fargo Lawfully Fired Employees Over Background Checks, Appeals Court Says

The panel on the U.S. Court of Appeals for the Eighth Court upheld a Wells Fargo employment policy that allows the bank to fire employees or not consider job applicants based on criminal records. Ruling against 10 African-American and Latino workers who alleged discriminatory employment practices, the decision will allow the bank to continue to […]

The Tassel is Worth the Hassle: Putative Class Action Dismissed After Court Finds that Accurately Reported College Enrollment Dates and Degree-Conferral Status Are Not Adverse Information

The plaintiff in Jenkins v. Carco Group, 2018 U.S. Dist. LEXIS 153382 (D.C. K.S., Sept. 10, 2018) alleged in a putative class action that Carco Group Inc. was negligent and violated section 1681c(a)(5) of the Fair Credit Reporting Act (FCRA) by reporting adverse information about her educational background that predated the report by more than […]

Stricter Regulations for Consumer Reporting Agencies Compiling Information on New York Consumers

Consumer credit reporting agencies (CCRAs) that reported on 1,000 or more New York consumers in any 12-month period between June 1, 2018, and Sept. 1, 2018, were required to register with the Department of Financial Services (DFS) Superintendent on or before Sept. 15. The underlying reasons, according to the DFS, include the failure of CCRAs […]

When Technicalities Are (and are not) Associated with Concrete Harm: The Spokeo Analysis as Applied in Long v. SEPTA, 2018 WL 4290046 (3rd Cir. 2018)

In two separate cases of violation of the Fair Credit Reporting Act (FCRA), the court held that an employers failure to provide the prospective employees with a copy of their background check did give rise to an injury, but the failure to provide the statutorily required notice of rights did not. In the first case, […]

Seventh Circuit Holds Class Action Plaintiff Had Standing for an Alleged Violation of the FCRAs Pre-Adverse Action Notice Provision

The U.S. Court of Appeals for the Seventh Circuit recently held that the plaintiff in Robertson v. Allied Solutions, LLC, had standing to sue in federal court under the Fair Credit Reporting Act (FCRA). The plaintiff alleged that Allied Solutions, LLC, failed to provide her with a pre-adverse action notice and an opportunity to contest […]

New FCRA Summary for Rights for Background and Credit Checks

Effective Sept. 21, a new form has been issued by the Consumer Financial Protection Bureaus (CFPB) regarding the Fair Credit Reporting Act (FCRA) model notice. Failure to comply with FCRA requirements, such as those associated with consumer reports or investigative consumer reports, could result in liability. One of the requirements is that employers must provide […]

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