The U.S. Court of Appeals for the Fourth Circuit dealt a lethal blow to the EEOC’s hiring check enforcement litigation inEEOC v. Freeman, No.13-2365 (4th Cir. Feb. 20, 2015). The decision affirms a summary judgment ruling by Judge Roger Titus of the U.S….
Posts by Category: Background Check Compliance
Class Action Trends in Virginia: Employment Background Reports
Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases are against consumer reporting…
Genesis Healthcare improperly uses background checks, federal lawsuit charges
Genesis Healthcare hired plaintiff Doris Ramos in July 2014 to work as an occupational therapist, then rescinded the job offer after a background check, the complaint states. Ramos contends that Genesis never provided her with a copy of the background check and a…
Role Reversal! EEOC Must Disclose its Own Background Check Policy to the Employer it’s Suing
The EEOC has been ordered by a federal court to turn over its own background check policy to an employer whom it is suing for a criminal background check policy that allegedly had a disparate impact on black employees. The employer had moved to compel to produce…
Michaels Hit with Background Check Class Action Lawsuit
On Dec. 4,2014 Christina Graham, a resident of New Jersey, filed a background check class action lawsuit against Michaels Stores Inc., lawsuit alleging the retailer did not disclose to her and other job applicants that the company runs background checks-criminal…
Whole Foods Hit With Illegal Background Check Class Action
Colin Speer hit Whole Foods Market Group, Inc. with a class action lawsuit in a Florida federal court alleging that the grocery store chain performs illegal background checks on prospective and existing employees in violation of the Fair Credit Reporting Act. Speer…
Staffing Companies Hit with Background Check Class Action Lawsuit
Lead plaintiff Michael Craig Mitchell alleges in his class action lawsuit against two Maryland staffing companies, Allegis Group Inc. and its operating company Aerotek Inc. He alleges Allegis and Aerotek violated the Federal Fair Credit Reporting Act (FCRA) when they…
Terminating an Employee for Not Fully Disclosing His Criminal History in an Application for Employment Did Not Violate the Pennsylvania Criminal History Record Information Act
InMcCorkle v. Schenker Logistics, Inc., 2014 WL 5020598 (M.D. Pa. October 8, 2014), the court held that terminating an employee for not fully disclosing his criminal history, as requested in an employment application, did not violate the Pennsylvania Criminal History…
Class Action Filed Against Washington Metro Over Background Checks of African Americans
The Washington Metropolitan Area Transit Authority has been named in a lawsuit after the class members claim its background check policies are unfair. The plaintiffs claim the defendants’ actions have disproportionately affected African American applicants…
Ban the Box: What’s Next? Ban the Job Application?
The job application needs a fresh look. For sure, employers need to collect basic information like name, address and contact information. But like the question about convictions, the question isn’t if it can be asked but when. So here’s a crazy thought but…