Dave & Buster’s has been hit with a proposed class action lawsuit that accuses the restaurant and arcade chain of deliberately disregarding the FCRA when it comes to hiring employees. Lead plaintiff Joseph Alvarez says he applied for a line cook position and…
Posts by Category: Background Check Compliance
Colleges That Ask Applicants About Brushes With the Law Draw Scrutiny
The online admissions application for Auburn University appears simple, until you get to this question: “Have you ever been charged with or convicted of or pled guilty or nolo contendere to a crime other than a minor traffic offense, or are there any criminal…
NYU Moves to Remove Criminal Background Check Questions on College Application Forms
New York University is taking steps to remove the criminal background check question on their college application forms. By doing this, prospective students would no longer have to divulge if they’ve run afoul of the law. Could this be the new frontier of Ban…
Federal Courts Increase Scrutiny of Employer Compliance with the FCRA’s Adverse Action Requirements
In the last two years, the number of employment class actions under the federal FCRA has ballooned. Most of the cases reported in the media have involved challenges to an employer’s compliance with the FCRA’s disclosure and authorization requirements. However,…
Court Declines to Dismiss FCRA Claim Based on Presence of State Law Notices in Background Check Disclosure
In Lagos v. The Leland Stanford Junior University, the plaintiff alleged the defendant’s background check disclosure violated the FCRA because it included notices regarding background checks required under state law. The court declined to dismiss the…
Employers: Check the Law Before Checking an Applicant’s Background
A poor hiring decision can vex an employer for a long time. As a result, employers are using preemployment background checks as an easy and cost effective way to get to know candidates, head off problems before they arise, and minimize the risk associated with a new…
Calvin Klein PVH Corp. Illegal Background Check Class Action Settlement
A $716,400 class action settlement was reached with the owners of Van Heusen, Izod, G.H. Bass and Calvin Klein to resolve allegations that the company violated the rights of individuals applying for jobs at their retailers or warehouses by obtaining background checks…
Within Reach
Organizations leverage background screening when hiring new employees in order to protect themselves from making a costly mistake. But candidates are also protected by federal laws, like the FCRA that help regulate background reports by promoting accuracy and privacy…
Background Checks More Cumbersome Than Ever
With companies facing hacking and age-old threats like workplace violence, a thorough system for screening out problem employees is more important than ever. But a laudable push by policymakers to get people “back to work” and make progress on issues such…
Gill-Turner Bill to End Employment Discrimination Based on Credit History Clears Senate
A bill sponsored by Senator Nia H. Gill and Senator Shirley K. Turner that would end employment discrimination based on an individual’s credit history or financial status was approved by the full Senate. The bill (a substitute for S-524 and S-1130) would prohibit an…