InMcCorkle v. Schenker Logistics, Inc., 2014 WL 5020598 (M.D. Pa. October 8, 2014), the court held that terminating an employee for not fully disclosing his criminal history, as requested in an employment application, did not violate the Pennsylvania Criminal History…
Posts by Category: Background Check Compliance
Class Action Filed Against Washington Metro Over Background Checks of African Americans
The Washington Metropolitan Area Transit Authority has been named in a lawsuit after the class members claim its background check policies are unfair. The plaintiffs claim the defendants’ actions have disproportionately affected African American applicants…
Ban the Box: What’s Next? Ban the Job Application?
The job application needs a fresh look. For sure, employers need to collect basic information like name, address and contact information. But like the question about convictions, the question isn’t if it can be asked but when. So here’s a crazy thought but…
Background Check Lawsuits: If It’s Not One Thing, It’s Another
On July 1, a federal court in New York certified a class of unsuccessful Hispanic and African-American applicants alleging the U.S. Census Bureau discriminated against them by requiring applicants to provide the Bureau with detailed information about their prior…
Illinois Moves to Ban Criminal Background Questions From Job Applications
Private employers in Illinois with 15 or more employees will have to revamp their job applications to remove questions about criminal background history and postpone such inquiries to the job interview or conditional job offer stage of the hiring process under…
‘Ban the Box’ Gets Initial D.C. Council Nod, but Further Tweaks Expected
After years of abortive efforts, the D.C. Council voted to give job applicants with criminal records new protections against discrimination from potential employers. On a 12-to-1 vote, lawmakers gave initial approval to the Fair Criminal Record Screening Act –…
Home Depot Reaches $1.8M Class Action Settlement Over Background Checks
A $1.8 million class action settlement has been reached to resolve charges against Home Depot over allegedly violating the FCRA by not having proper background check forms for its job applicants. According to the agreement, Class Members will receive anywhere from $15…
Don’t Pay the Price of Keeping Your FCRA Disclosures Hidden in The Closet
On December 2, 2013, the U.S. District Court for the Western District of Pennsylvania opined on when employers’ deficient disclosures can make them liable under the Fair Credit Reporting Act (“FCRA”) in Reardon v. ClosetMaid Corporation, No. 2:08-CV-01730, 2013 U.S….
More Restrictions on Criminal Background Checks
California appears to be the latest state to join the criminal-background-restriction bandwagon. A new law enacted last month amends the California Labor Code to prohibit public and private employers from asking job applicants about criminal records that have been…
Background Check Forms Face Increased Scrutiny in Federal Court
Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision. In Reardon v. Closetmaid Corporation, the district court granted summary judgment in favor of a class of more than 1,800…