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…
Posts by Category: Background Check Compliance
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…
Unreliable Anonymous Tip Could Not Form Basis of Reasonable Suspicion Drug Test by Public Employer
Ralph Greer established a Fourth Amendment violation by several individual supervisors after being discharged from his position with the Detroit Department of Water and Sewage (DWSD) when he refused to submit a drug test to the company. The Construction Inspector was…
FTC Issues ‘Advice’ on Background Check Disclosure and Authorization Forms
The Fair Credit Reporting Act’s (FCRA) hyper-technical disclosure and authorization requirements are competing with compliance of criminal background check laws as a source of litigation risk for employers. The Federal Trade Commission (FTC) recently released the…
New York City Mayor Signs Pay Equity Law – Impact on Employment Background Checks
New York City has joined Massachusetts and Philadelphia in prohibiting employers from inquiring about a prospective employee’s salary history during the hiring process. Mayor Bill de Blasio signed the new law in May, which will take effect Oct. 31 and applies to…
Improper Form of Background Check Disclosure Not Sufficient Injury for Standing
Courts have been struggling to define the contours of standing in “no injury” ever since the Supreme Court decided Spokeo, Inc. v. Robins last year. The District of Minnesota recently granted a motion to dismiss a Fair Credit Reporting Act (FCRA) claim in which a…
More than 8,000 Uber and Lyft Drivers Fail Massachusetts Background Check
As part of a deal that would allow Lyft and Uber drivers to service Logan Airport, the ride-sharing companies agreed to let the state run its own background checks. As a result, more than 8,000 current and recent Uber and Lyft drivers in Massachusetts have been banned…
Ohio State and Federal Courts Find No Standing to Assert Technical Violations of the FCRA’s Background Check Disclosure Requirement
Ohio courts have recently weighed in on the issue related to the procurement of background checks on current or prospective employees — more specifically, whether employees have the standing to sue employers in cases where the employer fails to provide a…
FCRA Suit Against Amazon Moves Forward
A judge has ruled that a Fair Credit Reporting Act (FCRA) suit against Amazon can move forward in Florida federal court. Donovan Hargrett, who sought employment as a fulfillment associate in Florida, accused the online retailer of violating the FCRA by failing to…