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Earlier this year, the New York City Council passed two laws which place limitations on an employer’s ability to use background checks including credit checks in employment decisions: the Fair Chance Act (FCA) and the Stop Credit Discrimination in Employment Act…
On March 2, the plaintiff’s counsel in Brown v. Delhaize America, LLC submitted an unopposed motion for preliminary approval, seeking Court approval of another FCRA class action settlement. Employers should treat this settlement as another reminder to verify…
In the early 2000s, grassroots organizers in San Francisco and Boston began urging local governments to remove questions about convictions from job applications so that people can be judged first on their qualifications. Just over a decade later, over 100…
Conducting background checks is both a necessary and risky venture that employers take on when hiring and retaining employees. Employers are increasingly finding themselves in litigation challenging the use of background checks as part of the screening process when…
With students around the country back in school, it’s time for educators and education-focused technology (EdTech) service providers to pick up their pens and paper (or more likely their tablets), and brush up on requirements for protecting student data….
The NLRB says sending a worker for a drug test is the same as disciplinary action and the worker gets to be accompanied by a Union representative. In a recent case, a delivery worker had an workplace accident and, the next day, came to work with glassy, bloodshot eye…
More Americans are using marijuana, according to a new government report. About 8.4% of Americans ages 12 and older were current users of marijuana last year, up from 7.5% in 2013. The percentage of teens ages 12 to 17 who smoke, drink or use prescription narcotics…
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…
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…
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…