Showing Posts In "Legal Issues" Category

Wisconsin Commission Finds Employers Cannot Consider Expunged Convictions Even if Substantially Related to the Job

The Wisconsin Fair Employment Act prohibits employers from taking adverse employment action against an applicant or employee because of the individuals conviction record, unless the conviction is substantially related to the position. Wisconsin law permits certain offenders who commit crimes before they reach the age of 25 to have their convictions expunged. In Staten v. […]

Employers Prevail in FCRA Class Actions

In Lewis v. Southwest Airlines, the plaintiff asserted classwide and willful violations of the Fair Credit Reporting Acts disclosure requirement and corresponding violations of Californias fair credit reporting act. The court reasoned that the district courts have considered whether extraneous information in an FCRA disclosure constitutes a willful violation, but have provided inconsistent and even […]

9th Circuit Affirms Dismissal of FCRA Putative Class Action for Lack of Standing

The Ninth Circuit has ruled that the plaintiff in Bassett v. ABM Parking Services, Inc., et al., Case No. 2:16-CV-00947 (9th Cir. 1018) failed to allege a concrete injury-in-fact sufficient for Article III standing in a suit alleging a violation of the Fair Credit Reporting Act (FCRA). The panel applied Spokeo, Inc. v. Robins, 136 […]

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 […]

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