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FINRA (the Financial Industry Regulatory Authority) has issued a rule change for background screening requirements that went into effect on July 1, 2015. FINRA Rule 3110(e) is based on similar provisions in NASD Rule 3010(e) and NYSE Rule 345.11. In short, FINRA Rule…
Whole Foods Market Group Inc. has agreed to a nearly $803,000 class action lawsuit settlement over allegations that the natural grocery store chain violated the FCRA by not properly disclosing to prospective employees that they were running a background check….
A federal court in Virginia has denied a motion for summary judgment in a class action complaint that claims Wells Fargo Bank violated the FCRA when performing background checks on job applicants by coding some as “ineligible” prompting adverse action and…
There is a growing movement to “Ban the Box” that has materialized in various states and local governments severely restricting, or absolutely prohibiting, the use of criminal background checks by employers. Over the past few years, the EEOC has challenged…
Following the U.S. Supreme Court’s grant of certiorari on April 27, 2015 in Spokeo, Inc. v. Robins, No. 13-1339, the Petitioner has weighed in with their brief. As you may recall, the question before the Court has the potential to determine the future scope of…
On July 7, the United States District Court for the Southern District of California preliminarily approved a $1.75 million class action settlement under the FCRA involving Chuck E. Cheese’s background check practices. This settlement serves as another reminder of the…
Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be too old to be useful, i.e., obsolete. The…
In a state court in Manhattan, the National Association for the Advancement of Colored People (NAACP) sued a class of companies it said were breaking city and state laws that bar businesses from refusing to consider former convicts for jobs. Since New York’s…
An almost $3 million class action settlement was reached with Food Lion LLC and its parent company Delhaize America LLC to resolve allegations that the company used illegal background check procedures on its job applications, in violation of federal law. The Food Lion…
Cook County, Illinois enacted a bill (No. 15-3088) that amends the Cook County Human Rights Ordinance to restrict employers from asking about or otherwise considering a prospective or current employee’s credit history in employment decisions. The new ordinance…