The recent ruling in In re: Michaels Stores, Inc., Fair Credit Reporting Act (FCRA) Litigation confirms the significance of the Spokeo decision and also provides FCRA defendants with additional ammunition to use in fighting statutory violation claims where damages are…
Posts by Category: Background Check Compliance
District Court Wrestles with Interpretation of Webpage in Background Check Disclosure Lawsuit
The Fair Credit Reporting Act requires that employers provide prospective applicants with a disclosure before obtaining a pre-employment background check from a consumer reporting agency. This disclosure must be in a single document that consists “solely of the…
Rite Aid Seeks Dismissal of Job Applicant Background Check Class Action
Last month, Rite Aid filed a motion to dismiss a proposed Fair Credit Reporting Act (FCRA) class-action in the District Court for the Eastern District of Pennsylvania. The complaint states that the business violated the FCRA by failing to allow job applicants to…
California Law Restricts Employers From Asking About Juvenile Criminal History
Effective Jan. 1, California employers will be restricted from asking about, seeking or using a California applicant or employee’s juvenile criminal history in the employment context. An amendment to California Labor Code 432.7, the law prohibits employers from asking…
Philadelphia to Prohibit Inquiries About Applicant’s Wage History
The Philadelphia Fair Practices Ordinance (Ordinance) is being amended to make it an unlawful employment practice for an employer or employment agency to inquire about various aspects of a prospective employee’s wage history. The city is the first to ban employers to…
City of Los Angeles Adopts Fair Chance Hiring Ordinance
The city of Los Angeles has adopted the Fair Chance Initiative Ordinance (Ordinance), which aims to eliminate a barrier to employment for persons who have been convicted of crimes. The Ordinance, which becomes effective Jan. 22, applies to any private employer in Los…
Receipt of Improper Background Check Disclosure is Sufficient to Confer Standing Under Spokeo
The District Court for the Central District of California found in favor of consumer standing in the case of Spokeo, Inc. v. Robins. A similar case, Rodriquez v. El Toro Investors Ltd., is focused on an alleged violation of the Fair Credit Reporting Act. In this case,…
‘Overbroad’ $1M Deal For Job Seekers, Screening Co. Nixed
A class of job seekers and background check company S2Verify must go back to the drawing board over their proposed $1 million settlement to close a Fair Credit Reporting Act case because it is “overbroad,” a California federal judge said Monday. S2Verify, which…
Lyft Wins Background Check Class Action Claim
A judge in California dismissed a class action lawsuit by a driver against Lyft, Inc., after determining the employee could not demonstrate “concrete harm” as a result of the company’s background screening procedures. The ruling was similar to a…
Judge Approves Settlement in Landmark Criminal Records Case
People with arrest records, heavily African Americans and Latinos, have won a $15 million settlement in a case in which they were unable to obtain jobs as census takers due to alleged problems with the U.S. Census Bureau’s background check procedures. The…