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This year’s Enforcement Report, prepared by DataGuidance’s team of Privacy Analysts in collaboration with their network of legal experts has now launched. Building on the previous two Reports, DataGuidance has expanded its coverage to include a truly…
Another Washington court has held that an employer lawfully may terminate an employee for using marijuana, even when the employee had a prescription and used it off-duty. After a workplace injury, Safeway tested its employee, Swaw, for drugs. Swaw tested positive for…
A federal court in Utah upheld the termination of an employee who did not disclose his use of prescription medication in accordance with his employer’s policy. This case highlights the importance of having a written policy requiring “safety-sensitive” employees to…
A bill sponsored by Senator Nia H. Gill and Senator Shirley K. Turner that would end employment discrimination based on an individual’s credit history or financial status was approved by the full Senate. The bill (a substitute for S-524 and S-1130) would prohibit an…
U.S. District Judge Lorna G. Schofield agreed to the terms of the Sterling class action settlement, which ends allegations that the background check company violated the FCRA by providing outdated information to employers, which resulted in a loss of employment. Lead…
Portland’s City Council unanimously passed new rules that will significantly affect an employer’s ability to obtain and use criminal history information in the hiring process. With these new rules, Portland joins the growing number of other cities, counties and states…
Metro’s Civil Service Commission voted unanimously in favor of a movement called Ban the Box. Nashville will join about 100 cities and 16 states that have removed questions about criminal convictions from job applications. It is called “Ban the Box” because it will…
The California Supreme Court has agreed to consider whether the Investigative Consumer Reporting Agencies Act (ICRAA) is unconstitutionally vague when applied to employee background checks because of its overlap with another California law, the Consumer Credit…
A man who says he was wrongfully fired over false information in a background check has filed a pair of class-action lawsuits in federal court, including one against the prominent real estate firm Freeman Webb. Tyrone Jude was hired as a maintenance man at a Lebanon…
Claims brought against employers under the FCRA arising out of one aspect or another of employers’ background investigation procedures have been the litigation de jure recently. Many of these lawsuits have resulted in multi-million dollar settlements. There is a…