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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…
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 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…
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…
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 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…
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…
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…
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…
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…