The Eighth Circuit ruled that a consumer reporting agency (CRA) did not violate the Fair Credit Reporting Act when itrelied on information from an official court website. The court held that using authoritative public records satisfies theFCRA’s “maximum possible…
Posts by Category: Background Check Compliance
5 Common Background Screening Mistakes for Retail Employers to Avoid
Retail employers often need to fill jobs fast, with seasonal demands, high turnover, and multiple store locations allpushing hiring managers to hire quickly. But properly vetting applicants is particularly important in retail given the risksaround cash handling,…
Background Check Authorizations and Process: Small Missteps, Significant Risk
For employers that use third-party background checks, the legal risk often lies less in the substance of the report andmore in the process employed to obtain and use it. Third-party screening vendors can be helpful, but they do noteliminate the responsibility to…
Applicant Accuses Spartannash of Pulling Job Offer Over Unseen Background Check
A job applicant has filed a proposed class-action lawsuit alleging SpartanNash rescinded her job offer after relying on a background check she was not allowed to review before the decision. The complaint claims the company violated the Fair Credit Reporting Act by…
Applicant Alleges Lowe’s Pulled His Offer Over an Unseen Background Check
A job applicant has filed a proposed class-action lawsuit alleging Lowe’s rescinded his job offer after relying on a background check he was never allowed to review or dispute. The complaint claims the company violated the Fair Credit Reporting Act by failing to…
New Jersey Employers Now Face Private Lawsuits for Cannabis-Based Hiring Decisions
New Jersey employers face new legal exposure following a May 26, 2026 court decision allowing private lawsuits for cannabis-based hiring decisions. While pre-employment drug testing for cannabinoid metabolites remains permissible, employers must carefully evaluate…
A Dual Framework Emerges: Marijuana’s Schedule III Reclassification and the Road Ahead for Employers
The DOJ’s 2026 decision to move certain medical marijuana products to Schedule III has created a “dual framework” under federal law. While the change recognizes accepted medical uses for some cannabis products, recreational marijuana remains federally illegal….
Maine: State Enacts Law Protecting Medical Cannabis Patients from Workplace Discrimination
Maine has enacted a new law protecting medical cannabis patients from workplace discrimination, reinforcing job-related safeguards for registered users. The measure limits employers from taking adverse action against employees or applicants solely based on their…
When “Disclosure” Isn’t Enough: A California Court Expands Risk Under ICRAA
A recent California court decision is a strong reminder that compliance in the background screening space is not just about checking the box— it’s about getting every detail right. In an alert, Atkinson, Andelson, Loya, Ruud & Romo highlights a case allowing…
California Court Allows Case to Move Forward Due to Background Check Form Technical Violation
The California Fourth Appellate District, Division One, recently held that an employee or job applicant does not need to prove actual harm beyond establishing a statutory violation to have standing under the California Investigative Consumer Reporting Agencies Act…





