Nineteen businesses were recently cited by Attorney General Maura Healey for violation of the state’s ban-the-box law. A similar round of enforcement action took place in May 2018 that included the investigation of more than 70 Massachusetts employers and resulted in…
Posts by Category: Criminal History Check
Ninth Circuit Weighs in on Calculating the FCRA’s Seven-Year Reporting Rule
The Ninth Circuit Court of Appeals recently weighed in on a Fair Credit Reporting Act (FCRA) case in which the plaintiff sued a consumer reporting agency (CRA) for issuing a tenant screening background check report on him that contained his criminal history, claiming…
E-Verify Begins Validating Driver’s License Data with National Law Enforcement Tracking System
As part of ongoing expansions, the E-Verify system now can check driver’s license data from all 50 states, the District of Columbia and Puerto Rico for those using it through the “web” interface. The enhancement, which was made possible through a new partnership with…
Teacher Charged With Attempted Murder Passed Criminal Background and Reference Check, Records Show
Andres Rodriguez, who is accused of shooting a man seven times following a traffic dispute in Tinley Park last year, beat out five candidates for a sixth-grade English Language Arts teaching job in August, despite his pending criminal charges and recent dismissal by…
Man Accused of Exploiting 12 Children at N. Charleston Church Had 2008 Conviction for Assaulting Ohio Child
Jacob Hazlett, the former North Charleston church volunteer who was charged with five additional sexual exploitation counts was prosecuted when he was 18 years old for an attempted assault 11 years ago in Ohio. Hazlett agreed to plead guilty to the charge of attempted…
Dealership Controller Embezzles $1.1 Million
Vanessa Vence-Small, of New Windsor, N.Y., pleaded guilty to wire fraud and was sentenced Nov. 28 in U.S. District Court in New Haven, Conn., to 30 months in prison. Prosecutors alleged that Vence-Small enriched herself “by means of materially false and…
2018 Arizona Legislative Session What’s New for Arizona Employers?
Arizona’s new House Bill (HB) 2311, which will become effective Aug. 3, 2018, aims to create a blanket limitation on liability for employers that hire an employee or contract with an independent contractor “who has previously been convicted of a criminal offense” –…
New California Laws Restrict Employer Access to Criminal and Pay Histories
In recent years, California joined other states in banning an employer’s ability to rely on criminal history information when making hiring decisions. Under an amended law, any employer with five or more employees may not ask about or consider an applicant’s criminal…
Bank Moves to Dismiss Background Screening Class Action Complaint Based on Federal Preemption Argument
In March, PNC Financial Services Group, Inc., moved to dismiss a class action complaint filed by Damian McCoy in the Western District of Pennsylvania. The individual sued the business after his conditional employment offer was revoked when a 2011 arrest was…
“Ban the Box” Legislation Expands – What Should Employers Do?
With “Ban the Box” laws continuing to expand, many states are beginning to consider whether they should be asking questions about arrest and conviction record as part of the normal application process. Ban the Box was implemented to allow those with criminal…