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Showing Posts In "Legal Issues" Category





Divided Second Circuit Rejects Race Discrimination Claim Tied to Criminal Convictions Client Alerts

The full Second Circuit Court of Appeals recently denied an en banc petition to review the dismissal of a class action that involved a disparate impact claim. An earlier panel of the Second Circuit concluded that the claim in Mandala v. NTT Data, Inc., relied on nationwide criminal conviction statistics, not the conviction rates among […]


Ten Key FCRA Decisions of 2020

In addition to the continued increase in the number of Fair Credit Reporting Act (FCRA) case filings, 2020 also saw several key decisions handed down by federal courts. These relate to diverse issues like matching procedures of credit reporting agencies (CRAs), Article III standing, the meaning of “maximum possible accuracy” and preemption of state credit […]


State Background Check Laws That Are Changing in 2021

Employment laws from state to state prevent private employers from looking into an applicant’s criminal or credit histories, even though this is an important factor in making hiring decisions. Most states and even some cities have laws in place that allow criminal background checks or forbid them and in other states, employers in certain industries […]


Big News for Background Screening: New Appellate Ruling Says FCRA Permits Reporting Unmatched Criminal Records

The U.S. Court of Appeals for the Eleventh Circuit confirmed in December that it is not inaccurate for a consumer reporting agency (CRA) to report a criminal or sex-offender record without matching the record to a subject consumer, so long as the CRA notifies the user that the record needs further investigation before being attributed […]


Staffing Firms & Background Screening

Consent is one of three important tools for staffing agencies to consider when screening temporary employees. The Fair Credit Reporting Act (FCRA) states that an employer must provide disclosure to and obtain consent from a candidate prior to obtaining a background check. Staffing agencies can help their clients avoid co-employment risk by certifying that a […]


Authorization and Disclosure Forms

In order to check for industry best practices, it is important for businesses to review FCRA Authorization and Disclosure forms on a regular basis. A few basics include: obtaining authorization before a background check on a form that acknowledges the screening will be conducted, stands alone and is signed by the job applicant, either in […]


The CFPB Taskforce Recommends Limits on FCRA Class Action Awards in Report

The Consumer Financial Protection Bureau’s (CFPB) Taskforce on Federal Consumer Financial Law Report has issued a two-volume report on “how to improve consumer protection in the financial marketplace.” Volume I of the report outlines the history and present landscape of a wide variety of consumer protection laws that are currently in place, while Volume II […]


EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices

Several high-profile lawsuits have been brought against national employers over their use of criminal history information and in November, the Equal Employment Opportunity Commission (EEOC) announced that a nationwide retailer settled a race discrimination lawsuit that challenged its use of criminal history for employment purposes. More specifically, the EEOC alleged that African Americans were excluded […]


Did That Mall Santa Undergo a Background Check? A New Bill Would Demand It

It soon could be mandatory for those employed as a children’s character to complete a background check in the state of New York. Employers would be required to run a person’s name through child abuse and sex offender registries and knowingly hiring an offender would be a Class A misdemeanor. If signed into law, the […]


EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices

Several high-profile lawsuits have been brought against national employers over their use of criminal history information and in November, the Equal Employment Opportunity Commission (EEOC) announced that a nationwide retailer settled a race discrimination lawsuit that challenged its use of criminal history for employment purposes. More specifically, the EEOC alleged that African Americans were excluded […]




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