Showing Posts In "Legal Issues" Category

Illinois District Court Finds Job Applicant Has No Standing to Bring FCRA Adverse Action Claim Because Background Check was Accurate

The District Court for the Northern District of Illinois recently confirmed that even if an employer fails to follow the proper procedure, an applicant may not have standing to bring an adverse action claim if the background check as issue is accurate. In Ratliff v. A&R Logistics, Inc., plaintiff Jerome Ratliff, Jr., claimed that the […]

Vitas Healthcare Corp. Employees Alleges Form Violates Fair Credit Reporting Act

Vitas Healthcare Corp. job applicant Jazzina Williams alleges she was provided a facially invalid authorization form when she applied for employment. The complaint states that the plaintiff signed background investigation authorization and release forms given to her by the company in April 2016, but she alleges the form is unlawful because it includes a clause […]

The Truth Brings Relief Under FCRA

In Ratliff v. A&R Logistics, Inc., the plaintiff claimed A&R denied him a job based on a background check without the appropriate adverse action process. Ratliff alleged that the company failed to properly provide pre- and post-adverse action as set forth under the Fair Credit Reporting Act (FCRA) guidelines. A&R moved to dismiss, arguing that […]

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

A recent settlement by Target reinforces the importance of employers to be vigilant with all applicable laws pertaining to criminal record screening policies. Plaintiffs in the case allege that Targets criminal-record-screening policies had a disparate impact on African-American and Latino job applicants for store positions. The claim centered on the standards for assessing ex-offender job […]

Budding Development: States Requiring Employers to Tolerate Medical Cannabis Use

Changes in cannabis laws are causing some employers to think twice before denying employment to individuals because they tested positive for the use of marijuana that they are ingesting for state-authorized medical reasons. In Arizona, an employer may not discriminate because of a persons status as a cannabis cardholder, unless failure to do so would […]

Woman Steals ID to Get Six-Figure Job, But Cant Do the Work

Forty-one-year-old Cindy White of Louisiana was found guilty of identity theft after she used another womans ID to get a job at Diversified Food and Seasonings and was promoted to a senior position with a six-figure salary. Her fraud was exposed after the company realized she was having trouble with jobs that should have been […]

Target Agrees to Review Screening of Job Applicants Amid Claims of Bias

In early April, Target agreed to revise guidelines for how it screens people seeking jobs at its stores. The step is intended to quell complaints that the retailer discriminates against black and Hispanic applicants with criminal records that can include offenses too minor or old to affect their performance as employees. According to Sherrilyn Ifill, […]

When a Disclosure Form Must Stand Alone: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

Recent cases involving the Fair Credit Reporting Act (FCRA) emphasize the importance of employers allowing disclosures to obtain background checks from consumer reporting agencies to stand alone from every other document. While the FCRA allows the disclosure form to also include an authorization, courts have recently cracked down on employers who include anything extraneous. In […]

PETCO Job Applicants Reach $1.2M Background Back Check Class Action

Petco and two job applicants are seeking preliminary approval of a $1.2 million settlement in a lawsuit claiming the companys background check policies are unlawful. After nearly two years, the job applicants have reached settlement discussions for their Petco background check class action lawsuit. Plaintiffs Jacklyn Feist and Angelica Zimmer said that the proposed deal […]

Federal Court Rules That the EEOC Can Mess with Texas in Felon Hiring Lawsuit

A recent showdown between the State of Texas and the Equal Employment Opportunity Commission (EEOC) has signaled to employers that the Commissions position on the unlawful nature of categorical bans on the hiring of felons remains viable. In State of Texas v. EEOC, No. 5:13-CV-255, 2017 U.S. Dist. LEXIS 30558 (N.D. Tex. Feb. 1, 2018), […]

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