The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff lacked standing to pursue her claims. Saltzbreg v. Home Depot, U.S.A., Inc., No. 17-cv-05798 (C.D. Cal. Oct. 18, 2017). The Complaint The plaintiff filed a … Continue Reading
For more than four decades, the federal Fair Credit Reporting Act (“FCRA”) has regulated consumer reporting agencies (“CRAs”) that furnish consumer reports (i.e., background checks) to third parties such as employers. Over the years, several states have adopted so-called “mini”-FCRAs, including Arizona, California, Maine, Massachusetts, Minnesota, New Jersey, New York, Oklahoma, and Washington. Last week, … Continue Reading
By Katharine Parker, Daniel Saperstein and Kelly Anne Targett on Posted in Hiring/Background Checks
In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation. By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for employers on the “character, general reputation, personal characteristics, or mode of living” of prospective and current employees. In the course of furnishing … Continue Reading
2014 was another busy year for developments in New Jersey employment law, including in ten key areas—whistleblowing, pre-employment inquiries/background checks, amendments to the Law Against Discrimination (“LAD”), LAD litigation, wage and hour, the Family Medical Leave Act, sick leave, states of emergency, arbitration, and “unemployment discrimination.” Read our Top 10 newsletter to learn more about … Continue Reading
A couple of months ago, we blogged about the New York City Council’s general support for a proposal that would effectively ban credit checks in hiring and other personnel decisions. As the council continues to debate credit checks, it also is considering a mayor-backed proposal (Int. No. 318) that would remove another potential barrier to … Continue Reading
Rochester recently posted FAQs highlighting key provisions of the city’s “ban the box” ordinance, which takes effect today. The new law prohibits employers from inquiring into an applicant’s criminal conviction history until after an initial employment interview or following a conditional offer of employment. For more on the Rochester law, see our prior client alert. … Continue Reading
With increasing regularity, states and localities have passed laws that limit the ability of private employers to inquire into or otherwise consider the criminal or credit histories of their prospective and current employees. At the federal level, the Equal Employment Opportunity Commission (EEOC) has continued to pursue litigation against a number of companies on the … Continue Reading
The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background checks on applicants and employees. The statute specifically contains a provision that bars state law claims against employers who “furnish information” to CRAs. In … Continue Reading
Businesses have a strong interest in protecting their employees and customers from criminals. Moreover, a number of federal and state laws require employers to run criminal background checks on job applicants and, in some cases, to disqualify them based on a past arrest or conviction. To see the full article in the Wall Street Journal, … Continue Reading
Employers should be aware of the following developments across the country before running a criminal background check: San Francisco’s new “ban the box” ordinance is set to take effect next week, including the requirement that employers post and distribute a notice of rights; the Northern District of Illinois recently granted the Equal Employment Opportunity Commission’s … Continue Reading
On March 10, 2014, the Federal Trade Commission and the Equal Employment Opportunity Commission jointly issued two short guides on the use of background checks in hiring and personnel decisions. This alert addresses the guides as well as the ongoing roles of these agencies in monitoring employment-related background checks and enforcing applicable laws. Read the full … Continue Reading
The EEOC’s March 10, 2014, release of guidance on background checks is proof positive that the agency is continuing its focus on aspects of the hiring process that it believes might have an adverse impact on protected groups. Its latest guidance, issued jointly with the Federal Trade Commission (“FTC”) however, recognizes that background checks remain … Continue Reading
On June 11, 2013, Maine’s governor signed LD 1410 to update the state’s consumer reporting law by adopting, in large part, the provisions of the federal Fair Credit Reporting Act (“FCRA”). Even with this harmonization, the revised Maine FCRA contains certain state-specific obligations(1) and sets forth slightly different enforcement and remedial schemes than its federal … Continue Reading