Showing Posts In "Legal Issues" Category

Ninth Circuit Reinforces Prohibition Against “Extraneous” Information in Background Check Disclosures

In March, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act (FCRA), specifically providing practical guidance for drafting such disclosures. Employers may order background reports for employment purposes but must first disclose their intention to […]

9th Circuit Holds All Members of Certified Class Must Have Article III Standing to Recover Monetary Damages

The 9th Circuit recently held that individual class members must satisfy Article III’s standing requirements in order to recover individual monetary damages. Class members who are a part of Ramirez v. TransUnion LLC who experienced no injury-in-fact traceable to the alleged statutory violation or challenged conduct must be excluded from any class damages award. The […]

Court: Wisconsin Must Expunge Criminal Records from Database

Centering around the case of Demonta Antonio Hall of Milwaukee, the Wisconsin Department of Justice must expunge arrest records of people who aren’t charged from its criminal database. Hall was arrested in 2015 for possession of an electronic weapon, but he was not charged by prosecutors. At the time, he had an outstanding warrant for […]

Walgreens Will Pay $7.5 Million to Settle Unlicensed-Pharmacist Claims

Walgreens was sued by several businesses that claim Kim Thien, an employee at the pharmacy, dealt with more than 745,000 prescriptions, with thousands for oxycodone, fentanyl, morphine, and codeine, from 2006 to 2017. Thien was not licensed by the state pharmacy board as required by regulation. In addition to a $7.5 million settlement, Walgreens also […]

The DC District Court Determines a Plaintiff Has Standing to Pursue FCRA Claims Against His Former Employer Based on a Background Check Used to Justify His Termination

The plaintiff in Mattiaccio v. DHA Grp., Inc., 2020 U.S. Dist. LEXIS 129464 (D.D.C. July 21, 2020) was terminated by the defendants based on alleged misconduct. The plaintiff alleged background checks run by the employer were retaliation for a complaint he filed against them, bringing two Fair Credit Reporting Act (FCRA) claims to the suit. […]

10 Key FCRA Decisions and Why Companies Should Care About Them

Cases involving alleged Fair Credit Reporting Act (FCRA) noncompliance have been on the rise and 10 decisions in 2019 and early 2020 have provided guidance – and raised questions about statutory definitions – for companies who strive to remain compliant. Three cases, Kidd v. Thomson Reuters, Zabriskie v. Federal National Mortgage Association, and Frazier v. […]

$1.3M Settlement Reached in Criminal Background Check Suit

A lawsuit was filed against Madison Square Garden, alleging the business imposed too strict of requirements for criminal disclosures that had a disparate impact on minority applicants. Plaintiffs Clint Millien and Felipe Kelly based their claim on two theories of liability: 1. They contend that Madison Square Garden’s practice of revoking conditional employment offers based […]

Francis Mailman Soumilas Wins Settlement Approval in Nationwide Class Action Suit Against Starbucks

Final approval has been granted to a settlement agreement in the class action of Kevin Wills and Jonathan Santiago v. Starbucks Corporation, Case 1:17-cv-03654-CAP. The plaintiffs in the case asserted in separate class action complaints that Starbucks allegedly systematically violated the Fair Credit Reporting Act (FCRA) by failing to give job applicants timely notice that […]

Sallie Mae Accused of Race Bias in Worker Criminal Record Checks

The U.S. District Court for the District of Delaware recently alleged that the criminal history background check policy for employees at Sallie Mae Bank has a discriminatory impact on Black job applicants and employees that isn’t justified by the nature of the work sought or business necessity. Willie Gilder brought the lawsuit on behalf of […]

Colorado Governor Vetoes Bill to Extend Private Investigator Licensure Requirements

Colorado is one of the states in the nation that has legally defined the work that private investigators do and has established certain requirements in order to conduct this type of business. Even though the state licensure has helped promote ethical standards and elevate the profession as a whole, the Act requiring licensure is set […]


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