Pre-offer drug tests to determine the use of illegal drugs did not violate the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on September 15, 2015. The Court previously held that the pre-offer…
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Guidance Clarifies NYC Employers’ Obligations Under Credit Check Law
The New York City Commission on Human Rights has issued interpretive enforcement guidance for the Stop Credit Discrimination in Employment Act. The SCDEA amended the New York City Human Rights Law and made it an unlawful discriminatory practice for an employer to use…
State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks
In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal FCRA. There also has been a sharp increase in the number of state and…
BMW Signs Consent Decree – Background Screening
BMW Manufacturing Co., LLC (BMW) entered into a consent decree with the EEOC regarding allegations that they discriminated against African American logistics employees through application of criminal background checks which had a disparate impact and led to said…
A Bipartisan “Ban the Box” Bill is Introduced in Congress
Members of Congress led by U.S. Sens. Cory Booker (D-NJ) and Ron Johnson (R-WI) in the Senate and Reps. Elijah E. Cummings (D-MD) and Darrell Issa (R-CA), in the House of Representatives, introduced the Fair Chance Act, bipartisan, bicameral legislation that would…
Class Suit Targets Uber’s Pre-Employment Background Checks
Uber Inc. has been hit with a putative class action in federal court in Newark claiming it violates the Fair Credit Reporting Act by using background reports in hiring decisions without allowing applicants to dispute entries in their reports. The case, Cuccinello v….
New FINRA Rule on Background Checks
FINRA (the Financial Industry Regulatory Authority) has issued a rule change for background screening requirements that went into effect on July 1, 2015. FINRA Rule 3110(e) is based on similar provisions in NASD Rule 3010(e) and NYSE Rule 345.11. In short, FINRA Rule…
Whole Foods Settles Background Check Class Action Lawsuit for $803K
Whole Foods Market Group Inc. has agreed to a nearly $803,000 class action lawsuit settlement over allegations that the natural grocery store chain violated the FCRA by not properly disclosing to prospective employees that they were running a background check….
Universal Studios and the FCRA Roller Coaster
Universal Studios Orlando, the theme park and resort owned by NBCUniversal Inc., was hit with a putative class action accusing it of not properly disclosing that it was using credit reports on current and prospective employees to make employment decisions, according…
Fort Myers FL to Ban the Box on City Job Applications
The City of Fort Myers, Florida plans to “Ban the Box” and remove a question on the city’s employment application that asks job seekers applying for city government jobs if they have ever been convicted of a crime. The Myers Human Resources…