Showing Posts In "Legal Issues" Category

Kansas City, Missouri, Enacts Ban-the-Box-Plus Ordinance

In early February, the Kansas City, Missouri City Council passed restrictions on employers inquiries into, and use of, criminal record information. Effective June 9, 2018, employers may not inquire about an applicants criminal history until after it has been determined that the individual is otherwise qualified for the position, and only after the applicant has […]

EEOCs Background Check Guidance Suffers Loss in Texas Federal Court

In early February, a federal judge enjoined the Equal Employment Opportunity Commission (EEOC) and U.S. Attorney General from enforcing against the State of Texas the EEOCs 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (the Guidance.) The summary judgment […]

Does Your State Ban the Box with Job Applications? What You Need to Know

As of September, more than 150 cities and counties and 29 states have adopted laws that limit what employers can ask job applicants. The ban the box legislation is designed to give individuals with a criminal history a fair chance at employment. The law, however, goes beyond requiring employers to remove a check box from […]

Jury Awards Nearly $70.6 Million in Yacht Rape Case

A stewardess on board the Endless Summer yacht, docked at Universal Marine Center in Fort Lauderdale in 2015, was awarded nearly $70.6 million in damages after she sued the yachts owner following an incident involving the yachts deckhand. Rafael Dowgwillowicz-Nowicki was arrested and charged with four counts of sexual battery after the woman reported he […]

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, […]

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