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The U.S. Court of Appeals for the Ninth Circuit recently ruled in Syed v. M-I, LLC that a prospective employer violated the Fair Credit Reporting Act (FCRA) when it obtained a job applicant’s consumer report after including a liability waiver in the required…
A judge has ruled that a Fair Credit Reporting Act (FCRA) suit against Amazon can move forward in Florida federal court. Donovan Hargrett, who sought employment as a fulfillment associate in Florida, accused the online retailer of violating the FCRA by failing to…
In Syed v. M-I, LLC,the Ninth Circuit held that the Fair Credit and Reporting Act rights notice cannot be combined with any other notice or agreement. In determining that the violation was willful, the Court held that the “ordinary meaning of ‘solely’ is alone; singly…
California’s Fair Employment and Housing Council (FEHC) has finalized new regulations further limiting an employer’s ability to consider criminal history when making employment decisions. The regulations will take effect in July and follow the Equal Employment…
The release of the Equal Employment Opportunity Commission’s (EEOC) “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” outlines best practices for employers to follow…
The recent ruling in In re: Michaels Stores, Inc., Fair Credit Reporting Act (FCRA) Litigation confirms the significance of the Spokeo decision and also provides FCRA defendants with additional ammunition to use in fighting statutory violation claims where damages are…
Beginning May 23, it will be unlawful for employers in Philadelphia to inquire into an applicant’s wage history during the hiring process. “Wages” include “all earnings of an employee,” such as “fringe benefits, wage supplements, or other compensation whether payable…
While an important tool for employers, background checks have undergone many changes, including an increase in litigation. Many jurisdictions, including municipalities, counties and/or states, have “banned the box”, which requires employers to remove the question and…
In the IAPP 2017 Privacy Tech Vendor Report, the IAPP has identified companies offering privacy technology solutions and loosely categorized the types of solutions they offer — from assessment managers to data discovery tools. The report also includes insight from a…
Some Oregonians are no doubt breathing clouds of relief with the introduction of Senate Bill 301, the Oregon Legislature’s proposal to protect employees from being fired for personal marijuana use. Employers, on the other hand, may find themselves in a sticky (icky)…