Louisville has joined the ranks of cities to enact an ordinance prohibiting employers from asking job applicants about their criminal backgrounds. The bill applies only to the city and its private vendors. According to Tom Birchfield, a managing partner at…
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Fingerprints and Photos Could be Part of Background Check Record
Many jobs require background checks on applicants, including for those who would have direct contact with vulnerable adults. However, as more data on the individual is required and as technology advances, state agency policies regarding secure storage and data…
5 Ways to Prevent Negligent Hiring Claims
With the ever-growing driver shortage looming, many motor carriers are lowering their hiring standards to fill their empty trucks. No company wants to turn down a job because they don’t have drivers to service the account. But while companies to some extent are…
Statewide Ban the Box Reducing Unfair Barriers to Employment of People With Criminal Records
Nationwide, over 50 cities and counties have now taken the critical step of removing unfair barriers to employment in their hiring policies. Widely known as “ban the box,” these initiatives remove the question on the job application about an…
Wisconsin Adopts Password Protection Law
Wisconsin has become the thirteenth state to enact a law limiting the circumstances under which employers may request or require access to the personal internet accounts of applicants and employees. The 2013 Wisconsin Act 208, which amends the Wisconsin Fair…
Sixth Circuit Affirms Dismissal of EEOC Credit Check Case and Rejects “Homemade” Method of Determining Race by “Eye-Balling” Photos
The Sixth Circuit affirmed a lower court order granting summary judgment in favor of Kaplan in a high-profile credit check lawsuit that the EEOC brought against the education company. The EEOC alleged that Kaplan’s use of credit checks causes it to screen out…
Joining Other States and Localities, Indianapolis “Bans the Box” for City Vendors and Further Restricts Criminal Background Inquiries
Mayor Gregory A. Ballard recently signed an ordinance that generally prohibits the Consolidated City of Indianapolis and Marion County (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history until after the…
Beyond Credit Reporting: The Extension of Potential Class Action Liability to Employers under the Fair Credit Reporting Act
The provisions of FCRA apply to any business entity that seeks to use a “consumer report” – which broadly includes anything from a credit report to a criminal or even motor vehicle background check – for any “employment purposes.”…
Two Data Brokers Settle FTC Charges That They Sold Consumer Data Without Complying With Protections Required Under the FCRA
Two data brokers have agreed to settle FTC charges that they violated the FCRA by providing reports about consumers to users such as prospective employers and landlords without taking reasonable steps to make sure that they were accurate, or without making sure their…
Efforts to Close Loophole that Kept Sex Offender Working at School
Background checks are supposed to weed out the questionable employees, and, in most cases, they do. Still, it doesn’t catch crimes committed after they’re hired. This loophole allowed a sex offender to be employed around children. Seattle Public Schools…



