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,…
Posts by Category: Background Check Compliance
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…
Sterling Background Check Class Action Settlement Gets Final OK
U.S. District Judge Lorna G. Schofield agreed to the terms of the Sterling class action settlement, which ends allegations that the background check company violated the FCRA by providing outdated information to employers, which resulted in a loss of employment. Lead…
Testing Employer Background Screening Practices
Changes in federal sentencing guidelines will result in the early release of thousands of inmates from prison over the next several years. The lack of employment is generally recognized as a factor that causes recidivism for ex-offenders, and there is increased…
Job Applicant’s Class Action Says Sprint’s Employment Credit Report Disclosures Don’t Comply with Federal Law
A Chicago man believes Sprint violated federal law in disclosure forms it provided him before checking his credit when he was applying for a job. And since he believes the company has done the same with others, he has asked a judge to allow him to bring a class action…



