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Tsang, a plaintiff, sued the operator of the Esteem criminal background database-LexisNexis and First Advantage-alleging that they gave prohibited information to potential employers, which ultimately barred him from getting a job. Tsang v. LexisNexis Risk Solutions,…
On December 2, 2013, the U.S. District Court for the Western District of Pennsylvania opined on when employers’ deficient disclosures can make them liable under the Fair Credit Reporting Act (“FCRA”) in Reardon v. ClosetMaid Corporation, No. 2:08-CV-01730, 2013 U.S….
Many data brokers offer companies scores to predict trends and the behavior of their customers. Companies are using predictive scores for a variety of purposes, ranging from identity verification and fraud prevention to marketing and advertising. For example,…
In view of the recent spate of cyber attacks on retailers and the patchwork of existing laws that greatly complicate a company’s data breach response, Congress appears ready to create a national data protection and breach notification law that, in theory, would…
The Colorado Supreme Court agreed on January 27, 2014 to review a case holding that an employer did not violate the state’s “legal activities” law when it dismissed an employee who used “medical marijuana” while off duty. Coats v. Dish…
A new plan to require criminal background checks for all Kansas educators is generating a lot of buzz across the state. The proposal would require teachers to be fingerprinted in order to renew their teaching licenses. For teachers who were hired after 2002, the plan…
California appears to be the latest state to join the criminal-background-restriction bandwagon. A new law enacted last month amends the California Labor Code to prohibit public and private employers from asking job applicants about criminal records that have been…
Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision. In Reardon v. Closetmaid Corporation, the district court granted summary judgment in favor of a class of more than 1,800…
Whole Foods Market California Inc. was slapped with a proposed nationwide class action accusing the company of using a legally invalid form to get job applicants to consent to background checks as part of the hiring process. The complaint claims that the form Whole…
D.C. Council member Tommy Wells introduced “ban-the-box” legislation that would bar employers from inquiring about job applicants’ criminal records, a practice he says hinders employment opportunities for returning citizens. “The bill would…