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…
Posts by Category: Background Check Compliance
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…
Serial FCRA Plaintiff Falls Short
After a battle of motions between the parties, a Wisconsin federal judge dismissed a proposed class action for alleged violations under the FCRA against Cory Groshek. Why is this important? Well, some of you may be familiar with Groshek as he is a noted (some may say…
Class Action: Hertz Violated Federal Law When Denying Job Applicant
The Hertz Corporation was hit with a class action lawsuit, alleging that it violated federal law by improperly using consumer reports to deny employment to job applicants. Plaintiff Peter Lee says he applied for a job with a Hertz’s Dollar/Thrifty subsidiary in May…
Uber Settles Driver Lawsuit Over Background Checks, to pay $7.5 Million
Uber has agreed to pay $7.5 million to settle a lawsuit brought by drivers over background checks conducted by the ride-hailing company. The case in San Francisco federal court involved allegations that Uber terminated drivers from its platform after obtaining their…
California Federal Court Tentatively Approves $5.7 Million Deal to Settle Class Action Alleging
A California federal judge issued a written tentative ruling indicating that she would likely approve AutoZone, Inc.’s agreement to pay $5.7 million to settle claims that the company illegally ran credit checks on 200,000 prospective employees. In September 2014, two…
U.S. Census Bureau Settles Hiring Lawsuit Over Criminal Histories
The U.S. Census Bureau has reached a $15 million settlement of a lawsuit claiming it discriminated against black and Hispanic job applicants with criminal histories during the 2010 census by making it too hard to document their readiness for work. It requires the…
SEPTA Background Checks Violate Federal and State Laws
A new federal lawsuit alleges Southeastern Pennsylvania Transportation Authority (SEPTA) willfully violates federal and state laws when conducting criminal background checks of prospective employees, says Outten& Golden LLP and a coalition of legal advocates….
Big Data, Background Checks, and Discrimination
The White House released a report to herald its focus on discrimination in “big data” assisted personnel screening algorithms. The report explained that screening algorithms may use factors that are correlated with protected categories to automate a discriminatory…