Showing Posts In "Legal Issues" Category

Gov. Snyder: State Government is Going Outside the Box

In September, Gov. Rick Snyder announced that the Department of Licensing and Regulatory Affairs (LARA) has removed the checkbox reading Were you convicted of a felony? that precedes occupational and construction code licensing applications. He also signed an executive instructing all state departments and agencies to remove the felony question that precedes job applications on […]

Consistency is Key: FCRA Case Survives Summary Judgment Due to Inconsistencies in Report

The plaintiff in Chiarello v. Trans Union, LLC., No. 2:17-cv-00513-AB, 2018 WL 4698846 (E.D. Penn. Oct. 1, 2018) filed Fair Credit Reporting Act (FCRA) claims against the three major credit bureaus, alleging that the defendants failed to properly reinvestigate his complaints about the inaccuracies in his reports pertaining to child support payments. He also claimed […]

Not a Crook: False Report of Prison Time Satisfies Spokeos Requirement of Injury in Fact

Although the plaintiff in Landy v. Thomson Reuters Corp., 2018 U.S. Dist. LEXIS 162741 (D. N.H. Sept. 24, 2018) was unable to demonstrate concrete harm, the severity of the alleged Fair Credit Reporting Act (FCRA) violations was sufficient to convey Article III standing. The plaintiff in the case was suspended without pay after five months […]

EEOC Continues to Scrutinize Criminal Record Screening Policies

The Equal Employment Opportunity Commission (EEOC) believes that background check policies tend to have a discriminatory effect on minorities because they are disproportionately incarcerated and make up the larger percentage of the population with criminal records. A conciliation agreement recently was reached between the EEOC and a nationwide retailer that was accused of race discrimination. […]

Could You Spell That for Me? Court Grapples with FCRA Implications of the Surname E

A plaintiff who had been through a number of name changes throughout the years filed a suit against Experian, claiming that it was not reporting her credit while she was attempting to establish a good credit history. Although TransUnion and Equifax were reporting her, the third credit bureau argued that it does not support the […]

The Clock is Ticking: Court Analyzes When the Statute of Limitations Begins Running in FCRA Case

In Carrington v. Santander Consumer U.S.A., Inc., No. 2:17-cv-00038-KJD-NJK, 2018 WL 4682319 (D. Nev. Sept. 28, 2018), the plaintiff asserted that she contacted Experian in August 2014 to dispute an entry on her credit report. During the same month, Santander confirmed the disputed information with Experian. Although Carrington was informed on August 29, 2014, she […]

Business Information Group Background Check Class Action Settlement

A class action lawsuit alleging Business Information Group Inc. violated the Fair Credit Reporting Act (FCRA) was settled for $3.3 million. Those who were subject to at least one Business Information Group (BIG) consumer report sourced from TransUnion could be entitled to benefits under the settlement. Michael A. Kelly filed the suit, claiming he was […]

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 […]

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