Showing Posts In "Legal Issues" Category

Third Circuit Hears Spokeo-Related Challenge

In Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the Third Circuit is set to rule on a challenge to the named plaintiffs lack of Article III standing in a Fair Credit Reporting Act (FCRA) putative class action. Plaintiffs alleged that SEPTA violated the FCRA by failing to provide job applicants with a clear and conspicuous […]

Spokane City Council Approves Ban the Box Law

In November, the city of Spokane, Wash., became the newest locality to consider a ban the box ordinance that would prohibit employers from requesting criminal or arrest records to make decisions on employment until after an in-person interview. The ordinance only applies to those applying for positions within the Spokane city limits and is broad […]

Ohio Appellate Court Dismisses FCRA Class Claim for Lack of Article III Standing, Citing Spokeo

In early December, a Court of Appeals for the state of Ohio affirmed dismissal of a putative Fair Credit Reporting Act (FCRA) class claim against Ohio State University on the basis that the plaintiffs lacked standing to assert their no-injury, statutory claim in Ohio state court. Two years after being hired in 2012 and 2014 […]

New Jersey Clarifies that Statewide Ban-the-Box Law Includes Expunged Records and Online Applications

New Jerseys The Opportunity to Compete Act, or ban-the-box, went into in 2015 and prohibits covered employees from requiring an applicant for employment to complete any employment application that makes any inquiries regarding an applicants criminal record during the initial employment application process. The Act also makes it unlawful for covered employers to make any […]

Military Contractor Hit with FCRA Putative Class Action over Background Checks

L3 Technologies, Inc., a military contractor, recently was hit with a Fair Credit Reporting Act (FCRA) putative class action in California federal court, alleging that it violated the stand-alone disclosure requirement in its background reports. Joseph Estes was hired by L3 and worked as a mechanic for the company in California, but, during the application […]

Maryland House Overrides Hogan Veto on Ban the Box

By a party-line 90-50 vote, House delegates sent the so-called ban the box bill for college campuses to the Senate for a final vote. It has been contended that by preventing colleges and universities from asking up front about past convictions or incarceration, the legislation puts the safety of students at risk. Del. Maggie McIntosh, […]

EEOC Likely to Exercise Restraint on Litigation

The U.S. Equal Employment Opportunity Commission (EEOC), which is likely to soon have a 3-2 Republican majority, is expected to change its processes and policies to reflect a more pro-business stance under the Trump administration. This will include EEOC commissioners assuming more control of issues that have been left to its field offices discretion and […]

Christie Signs Bill to Help Former Convicts Clear Records, Get Jobs

Gov. Chris Christie recently signed a trio of bipartisan bills that will make it easier for those convicted of minor crimes to expunge their records and apply for jobs. Two of the bills will shorten the time period juvenile and adult offenders can seek to expunge their records and expand the list of offenses eligible […]

Check Those Pre-Adverse Action Letters New California Law Goes into Effect

California Government Code 12952 went into effect in early January, which will regulate how employers can use criminal background checks in the hiring process. The law is unique in that it contains new requirements as to what a potential employer must include in a pre-adverse action letter to job applicants beyond what the federal Fair […]

Virginia Senate Passes Ban-the-Box Bill for Employment

In January, the Virginia Senate voted 23 to 16 to ban the box on state employment applications. The bill would bar state agencies and localities from including on an employment application a question about whether the prospective employee has ever been arrested, charged with, or convicted of a crime. The bill, said Sen. Rosalyn Dance, […]

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