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…
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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…
Georgia Law Taking Effect July 1 Offers FCRA Protections
Effective July 1, 2015, a new law in Georgia – House Bill 328 (HB 328) – will enact similar protections offered to consumers under Section 613 of the federal Fair Credit Reporting Act (FCRA). Georgia HB 328 will amend Part 2 of Article 15 of Chapter 1 of…
Class Action Lawsuit Claims Bank Violated FCRA with Background Checks
A federal court in Virginia has denied a motion for summary judgment in a class action complaint that claims Wells Fargo Bank violated the FCRA when performing background checks on job applicants by coding some as “ineligible” prompting adverse action and…
Woman Sues Credit Reporting Agencies for Declaring Her Dead
A St. Louis, Missouri woman has filed a lawsuit against the “big three” credit reporting agencies – Equifax, Experian, and TransUnion – for declaring her “deceased” in her credit files and making it impossible for her to receive…


