Washington’s updated Fair Chance Act expands restrictions on when employers may conduct criminal backgroundchecks. Medium and large employers must generally wait until making a conditional job offer before requestingcriminal history. Employers must also follow…
Posts by Category: Background Check Laws
Eighth Circuit: CRA’s Reliance on Official Court Website Meets FCRA’s Accuracy Standard
The Eighth Circuit ruled that a consumer reporting agency (CRA) did not violate the Fair Credit Reporting Act when itrelied on information from an official court website. The court held that using authoritative public records satisfies theFCRA’s “maximum possible…
New Restrictions on Performing Criminal Background Checks Take Effect in Washington
As of July 1, 2026, Washington employers are subject to new restrictions when performing criminal backgroundchecks. The new restrictions currently only apply to employers with 15 or more employees, but will expand to allemployers on July 1, 2027. Employers are…
Applicant Alleges Lowe’s Pulled His Offer Over an Unseen Background Check
A job applicant has filed a proposed class-action lawsuit alleging Lowe’s rescinded his job offer after relying on a background check he was never allowed to review or dispute. The complaint claims the company violated the Fair Credit Reporting Act by failing to…
Virginia’s New Business Screening Services Program: Key Compliance Obligations
Virginia’s new Business Screening Services (BSS) program will significantly change how private background screening companies handle Virginia criminal and traffic history records. Starting July 1, 2026, screening businesses must register with the Virginia State…
Virginia’s Ban on Salary History Questions: What Hiring Managers Need to Know
Virginia’s SB 215, effective July 1, 2026, bans employers from asking applicants about prior salary and requires every job posting to include a good‑faith salary range. Employers may use voluntarily disclosed salary history only to confirm it or offer higher pay — not…
When “Disclosure” Isn’t Enough: A California Court Expands Risk Under ICRAA
A recent California court decision is a strong reminder that compliance in the background screening space is not just about checking the box— it’s about getting every detail right. In an alert, Atkinson, Andelson, Loya, Ruud & Romo highlights a case allowing…
California’s Risk Assessment Requirement Under the CCPA: What It Is, When It Applies, and How to Approach It
California’s new risk assessment requirement under the CCPA, effective in 2026, mandates that businesses evaluate high-risk data processing before implementation. Covered activities include selling data, processing sensitive information, and using automated…
California Employers Beware – Mere Technical Violation Sufficient for Lawsuits
California employers can face lawsuits for even minor or “technical” violations of background check laws, especially under statutes like the Investigative Consumer Reporting Agencies Act (ICRAA) and related consumer reporting rules. Recent court decisions show that…
Federal Judge Dismisses Background Screeners’ Challenge to Colorado Law
A federal judge dismissed a lawsuit a challenging Colorado law that restricts what information can appear in background checks, including limits on reporting older convictions and non-convictions. The plaintiffs argued the rules conflicted with the federal Fair Credit…






