Delta to Pay $2.3M to Settle Background Check Dispute

JANUARY I CALIFORNIA: Delta Air Lines settled a class action lawsuit that involved 44,000 applicants, resulting in $52.15 per class member, for failing to provide a stand-alone background check disclosure.

Wal-Mart Hit With Certification of Massive FCRA Class Action

JANUARY I CALIFORNIA: A Wal-Mart lawsuit alleged the retail chain’s background checks failed to satisfy the FCRA’s notice requirements when it didn’t properly obtain authorization before conducting a background check.

No Standing, No Settlement?

JANUARY I MISSOURI: In a decision involving the federal court requirement to assess Article III standing before approving a settlement agreement, the plaintiff filed a putative class action for violations of the FCRA.

Employers: Keep FCRA in Mind When Drafting Arbitration Agreements

JANUARY I CALIFORNIA: A former Lowe’s employee accused the business of conducting background checks during the screening process without providing the appropriate disclosures.

FCRA Class Action Survives Early Procedural Challenge

JANUARY I FLORIDA: In Sanders v. Global Radar Acquisition, the plaintiffs filed a putative class action claiming the defendants failed to obtain certification prior to furnishing a consumer report.

California District Court Dismisses Class Action Challenging FCRA Disclosure Form

JANUARY I CALIFORNIA: Allegations of violations of the FCRA recently were dismissed by the Northern District of California in Soman v. Alameda Health Sys.

The Ninth Circuit Adopts an Expansive Reading of the FCRA’s Provision Governing Background Check Disclosures

JANUARY I CALIFORNIA: In Gilberg v. Cal. Cashing Stores, the Ninth Circuit confirmed the legal rights that job applicants have under state fair credit reporting laws when it comes to “extraneous text.”

Employment Background Screening-Compliance with the FCRA

FEBRUARY I CALIFORNIA: The Ninth Circuit Court of Appeals addressed the issue of the required disclosure and authorization and defines “clear and conspicuous” in Gilberg v. Cal. Cashing Stores.

Another “BIG” FCRA Class Settlement

APRIL I PENNSYLVANIA: A Fair Credit Reporting Act (FCRA) class action settlement has been reached in the amount of $3.3M. The case involved incorrect and adverse public records.

Employer Prevails in FCRA Class Action in California

APRIL I CALIFORNIA: Class-wide violations in a Fair Credit Reporting Act (FCRA) case involved an employer’s “standalone” disclosure requirement and its denial of applicants based on information in their consumer reports.

New York City Council Passes Ban on Pre-Employment Marijuana Testing

APRIL I NEW YORK CITY: A new bill was passed by New York City Council that was part of an initiative to reduce the legal consequences of marijuana use.

Starbucks Prepares to Settle Lawsuit Over Flawed Background Checks

APRIL I WASHINGTON/GEORGIA: Two class actions have been consolidated in Georgia involving inaccurate background reports regarding criminal histories provided by Accurate Background.

Pennsylvania’s Clean Slate Act Helps Seal Criminal Records

APRIL I PENNSYLVANIA: Pennsylvania’s Clean Slate Act can help minor offenders who have been free from conviction for 10 years to petition for a court order that prohibits disclosure of a criminal record.

California Court of Appeals Joins FCRA’s Mat Tea Party

APRIL I CALIFORNIA: In two separate Fair Credit Reporting Act (FCRA) class action suits, the courts held that an employee must prove a violation was willful in order to recover statutory and punitive damages.

Colorado Governor Signs Bill Requiring Name Based Background Checks

APRIL I COLORADO: A new bill in the state of Colorado requires those whose fingerprint reveals a record of arrest to submit to a name-based criminal history record check.

Ruling Raises Important Considerations for Independent Contractor Background Screening

MAY I IOWA: The court in a Fair Credit Reporting Act (FCRA) class action lawsuit ruled in favor of the business, holding that FCRA requirements are not applied in the same way for independent contractors.

Eleventh Circuit Affirms Dismissal of Attempted FCRA Class Action Against Furnisher of Consumer Information

MAY I FLORIDA: The Eleventh Circuit dismissed a putative class action suit holding that the business had not violated its duties when it reported that a customer’s account was past due even though a foreclosure lawsuit had been filed.

Delta Settles FCRA Class Action for $2.3 Million

MAY I CALIFORNIA: The district court for the Northern District of California issued an order granting Plaintiff’s motion for preliminary approval of a class settlement totaling $2.3 million.

Pennsylvania County Hit with 68 Million Dollar Verdict in Statutory Damages After Violating Privacy Interests

JUNE I PENNSYLVANIA: A federal jury found that Bucks County willfully violated Pennsylvania’s Criminal History Records Information Act (CHRIA) and awarded up to $68 million in punitive damages.

7-Eleven Will Pay $2M to Settle Background Check Class Action

JUNE I NATIONAL: 7-Eleven will establish a settlement fund of $1,972,500 to compensate about 60,000 job applicants who claimed that the company failed to provide a “standalone” notice of background checks.

Macy’s Hit with Discrimination Lawsuit Over Criminal History Screening Policy

JULY I NATIONAL: A suit has been filed against Macy’s that alleges the company has an “unnecessarily punitive criminal history screening policy” that “disproportionately disqualifies Black and Latin applicants and employees from job opportunities.”

$1.3M Settlement Reached in Criminal Background Check Suit

JULY I NEW YORK CITY: Madison Square Garden recently faced a lawsuit that claimed its requirements for criminal disclosures had a disparate impact on minority applicants.

Manhattan Judge Orders 350 Marijuana Possession Convictions to be Sealed

AUGUST I NEW YORK CITY: Old marijuana possession convictions for 350 people have been sealed by a Manhattan Supreme Court judge.

Pier 1 Imports Reaches Agreement in EEOC

AUGUST I Pier 1 agreed to enter into a two-year conciliation agreement with the Equal Employment Opportunity Commission (EEOC) and an alleged victim to resolve a race discrimination charge.

Another Court Rules Independent Contractor Not An Employee Under FCRA

AUGUST I GEORGIA: The United States District Court for the Northern District of Georgia found that consumer reports obtained for independent contractors do not trigger the protections applicable for consumer reports obtained for “employment purposes” under the Fair Credit Reporting Act (FCRA).

Walmart Workers Seek Class Cert of Background Check Lawsuit

OCTOBER I CALIFORNIA: The lead plaintiffs in a class action lawsuit against Walmart claim the store improperly solicited and obtained credit reports and background checks on job seekers and employees.

Avoiding Discrimination in Employee Background Checks

NOVEMBER I ILLINOIS: In a lawsuit brought by the EEOC, Dollar General has been accused of denying employment to African Americans at a higher rate than white applicants based on background checks.

CFPB Takes Action Against Two of the Largest Employment Background Screening Report Providers for Serious Inaccuracies

NOVEMBER I SOUTH CAROLINA/TEXAS: General Information Services (GIS) and have been ordered to correct its failure to take basic steps to assure the information reported about job applicants is accurate.

Dollar General Reaches Settlement with the EEOC in Years Long Background Check Bias Suit

NOVEMBER I NATIONAL: A class action lawsuit was filed against Dollar General, alleging the retailer’s use of criminal background checks disparately impacted African-American applications.