Showing Posts In "Legal Issues" Category
California Employers Beware – Mere Technical Violation Sufficient for Lawsuits
California employers can face lawsuits for even minor or “technical” violations of background check laws, especially under statutes like the Investigative Consumer Reporting Agencies Act (ICRAA) and related consumer reporting rules. Recent court decisions show that applicants may recover statutory damages without proving actual harm, meaning a procedural mistake — such as improper disclosures or […]
Federal Judge Dismisses Background Screeners’ Challenge to Colorado Law
A federal judge dismissed a lawsuit challenging Colorado law that restricts what information can appear in background checks, including limits on reporting older convictions and non-convictions. The plaintiffs argued the rules conflicted with the federal Fair Credit Reporting Act, which aims for national uniformity. However, the case was thrown out, leaving Colorado’s stricter consumer protections […]
California Bill Would Expand Background Check Restrictions for Employers
A proposed California bill (AB 2095) would significantly expand restrictions on how employers conduct background checks. It would prohibit asking about criminal history or requesting background checks before providing job duty details, and bar requiring applicants to disclose or pay for such checks. The bill also strengthens individualized assessments, creates a presumption favoring applicants with […]
OOIDA Backs Bill Limiting Background Check Costs
The Owner-Operator Independent Drivers Association (OOIDA) is supporting federal legislation aimed at reducing the cost and duplication of background checks required for truck drivers. The bill would encourage federal agencies to coordinate their screening processes, so drivers do not have to repeatedly pay for similar checks when working with different agencies. OOIDA President Jim Johnston […]
FMCSA Plans Changes in Pre-Employment Screening Data
The Federal Motor Carrier Safety Administration (FMCSA) plans updates to pre-employment screening data requirements for truck drivers. Proposed changes would standardize and expand the information carriers must review from previous employers, including safety records and drug and alcohol testing history, to ensure drivers meet federal safety standards. FMCSA aims to reduce accidents and improve compliance […]
N.J. Lawmakers Renew Push for Youth Sports Background Checks After Sex Offender Flaws Exposed
New Jersey lawmakers are renewing efforts to require stricter background checks for youth sports coaches after investigations revealed gaps that allowed some offenders to work with children. Reports found that over 100 coaches and sports staff in the state have faced sex-crime accusations since 2015, and many were not flagged by existing screening systems. Legislators […]
Job Applicant Sues Perfetti Van Melle Over Background Check Process
A job applicant has filed a class-action lawsuit against Perfetti Van Melle, alleging it improperly rescinded his job offer after a background check. The suit claims the company violated the Fair Credit Reporting Act by failing to give the applicant a reasonable chance to review and dispute the report before withdrawing the offer. It also […]
Pennsylvania Employers Can’t Use Criminal History Information Volunteered by Job Applicants in Making Hiring Decisions, According to Recent Third Circuit Decision
A recent decision by the U.S. Court of Appeals for the Third Circuit clarified Pennsylvania’s Criminal History Record Information Act (CHRIA). The court held that employers cannot lawfully use criminal history information voluntarily disclosed by job applicants when making hiring decisions unless the conviction relates to job suitability under CHRIA. Information volunteered by applicants is […]
Consumer Justice Law Firm Wins $680,000 Jury Verdict for Uber Driver Harmed by SambaSafety Background Check Errors
A federal jury awarded $680,000 to Alaska-based Uber driver Tamia Cornelius after finding that background-check company SambaSafety provided inaccurate information that caused Uber to deactivate her account. The report falsely stated her driver’s license had been withdrawn, and the company failed to properly reinvestigate after she disputed the error twice. The lawsuit argued the actions […]
Rep. Andrea White Champions Effort to Align, Modernize Background Check Process in Ohio
State Representative Andrea White of Ohio announced new legislation aimed at modernizing and aligning the state’s criminal background check process by improving how fingerprints and case outcomes are reported to the Bureau of Criminal Investigation (BCI). The bill would require electronic transmission of records, standardize reporting requirements across courts and law enforcement, streamline mental health […]
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