Last year the U.S. District Court for the Northern District of Texas dismissed a high profile lawsuit brought by the State of Texas against the EEOC regarding the its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under…
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Fourth Circuit Deals Body Blow To EEOC Hiring Check Enforcement Litigation
The U.S. Court of Appeals for the Fourth Circuit dealt a lethal blow to the EEOC’s hiring check enforcement litigation inEEOC v. Freeman, No.13-2365 (4th Cir. Feb. 20, 2015). The decision affirms a summary judgment ruling by Judge Roger Titus of the U.S….
Food Lion Job Applicants Reach $3M Background Check Class Action Settlement
A group of job applicants say they support the almost $3 million class action settlement reached with Food Lion, LLC and its parent company Delhaize America, LLC over allegedly illegal background check procedures by the east coast grocery store chain. Lead plaintiff…
Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”
What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common? Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act (“FCRA”). Although Congress…
How to Avoid Negligent Credentialing Liability
Since the seminal decision Darling v. Charleston Community Memorial Hospital (1965) was issued, approximately 40 states have adopted this liability standard. Sometimes referred to as “negligent hiring or selection” or “negligent retention,”…
Should Background Checks be Required for Emergency Volunteers?
When disaster strikes in Palm Beach County, Fla., a team of volunteers trained by county emergency managers can be deployed as the first line of defense, helping their communities with everything from search and rescue to basic first aid to putting out small fires….
Liars Index® Shows Almost One in Four Resumes Falsified Education – Lyin’ King Chosen
The Liars Index® reached its third highest rate since its inception in 1995, reaching 24.39% for the second half of 2014. “Nearly one in four resumes puffing their education claims is a rate too high to ignore”, said Jude Werra, CMC, president of the…
Global Privacy Research Report 2014
This research report identifies the most viewed privacy stories of 2014 and demonstrates the depth and breadth of issues facing the privacy office today. From the challenges of data localization laws to mobile app best practice guidance, this report highlights the…
OTA Releases Guidelines on Privacy Assessment, Best Practices
More than 90% of the 500 data breaches that occurred from January to June 2014 could have easily been prevented, per a report released Wednesday from The Online Trust Alliance (OTA). The OTA’s 2015 Data Protection Best Practices and Risk Assessment Guides…
Data Breach Notification Bills Introduced in House and Senate
The Data Accountability and Trust Act (DATA Act), (H.R. 580), has been introduced in the House of Representatives. The bill would provide a nationwide data security standard, backed by FTC enforcement and civil penalties, as well as provisions requiring notification…