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…
Posts by Category: Background Check Compliance
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…
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…







