In August, the Seventh Circuit Court of Appeals claimed that a plaintiff who alleges extraneous information in a background check disclosure form lacks the necessary Article III standing to maintain a lawsuit. Cory Groshek submitted 562 applications, seeking…
Posts by Category: Background Check Compliance
Ohio House Proposes Hurdles to Hiring Process
Although the Ohio House has proposed a bill that is intended to protect the privacy of employment applicants, the bill could make the hiring process more cumbersome for employers. House Bill 187 provides that no employer may request an applicant’s Social Security…
Walmart Class Action Says Background Checks Violate Federal Law
Walmart is facing a class action lawsuit alleging that the company violates the Fair Credit Reporting Act by using unauthorized background checks. The lead plaintiff in the case argues that the business failed to provide adequate notice of the consumer report and did…
Barclays Accused of Illegal Screening of Job Applicants
According to a federal-court class action lawsuit filed by Outten & Golden LLP and Youth Represent, unlawful screening of job applicants at the Barclays Center, Brooklyn, violates federal and state law. Barclays Events Center does business as Barclays Center, Levy…
A New Study Shows Ban the Box Policies Are Working
The National Employment Law Project (NELP) notes that more than 150 cities in 28 states have adopted some version of Ban the Box laws, with similar laws expecting to be passed in additional cities and states. The goal of the law is to prevent employers from…
Another San Francisco Treat: Mayor Lee Signs Salary History Ban
San Francisco Mayor Ed Lee recently signed an ordinance that will make it illegal for employers to inquire about a job applicant’s salary history. This ordinance amends the San Francisco Police and Administrative Codes and covers all individuals, corporations, groups…
Disneyland Job Applicants Granted Class Cert. in FCRA Lawsuit
Two plaintiffs in a class action lawsuit against Disneyland claim the business has made hundreds of adverse employment decisions based on job applicants’ background check reports without providing required notifications under the federal Fair Credit Reporting Act…
Plaintiffs Don’t Stand Tall in Texas FCRA Class Action
In light of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016) and Dyson v. Sky Chefs, Inc., 2017 WL 2618946 (N.D. Tex. June 16, 2017), it would be wise for employers to evaluate their Fair Credit Reporting Act (FCRA) compliance. Businesses…
Philadelphia Law Firm Gets Record $60 Million Verdict in CA FCRA Class Action
The highest jury verdict in the history of the Fair Credit Reporting Act was reached when the law firms of Francis & Mailman, P.C., Philadelphia, and Anderson, Ogilvie & Brewer, LLC, San Francisco, successfully obtained $60,055,800 in statutory and punitive…
Delaware Joins Bandwagon Prohibiting Salary History Inquiries
In December, the state of Delaware will begin prohibiting employers from inquiring about the salary history of job applicants. An employer is not liable for an agent’s actions in contravention of the law if it informs the agent of these statutory requirements. He or…