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…
Posts by Category: Background Check Compliance
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…
Indiana Passes New Legislation Restricting Criminal History Information Reported in Background Checks
The EEOC’s April 25, 2012 updated enforcement guidance on the use of arrest and conviction records by employers has generated renewed and substantial interest in the controversial subject of criminal background checks in the context of Title VII of the Civil…
Illegal in Massachusetts: Asking Your Salary in a Job Interview
In a groundbreaking effort to close the wage gap between men and women, Massachusetts has become the first state to bar employers from asking about applicants’ salaries before offering them a job. The new law will require hiring managers to state a compensation figure…
Background Screening Class Certified in Obsolete Information Case
On July 26, a Northern District of California judge certified a class of applicants who claimed that S2Verify, a background check company, included obsolete criminal information on their background reports in violation of the FCRA. In certifying the class, the Court…