While most Fair Credit Reporting Act (FCRA) lawsuits proceed in federal court, plaintiffs are permitted to file in state court. A class action was recently filed in state court in Los Angeles, where the judge did not decide on any issues of liability, but rather that…
Posts by Category: Criminal History Check
Senate Oks Bill Allowing Churches to Seek Background Checks for Those Working or Volunteering with Children
The Senate unanimously approved legislation sponsored by Sen. Cynthia A. Coyne to protect Rhode Island youth. Meant to help churches and other religious institutions protect children from people who have a history of abuse or other dangerous crimes, the legislation…
New California Regulations Further Limit Employers’ Ability to Use Criminal History in Making Employment Decisions
New regulations from the California Fair Employment and Housing Council that will go into effect July 1 will limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment decisions. Key changes include adverse…
Discrimination Charge Filed by the Fortune Society Against Macy’s in Background Check Dispute
Outten & Golden LLP filed an Equal Employment Opportunities Commission (EEOC) charge this month on behalf of The Fortune Society against Macy’s, Inc. The charge alleges that Macy’s violated Title VII of the Civil Rights Act of 1964, and other laws, terminating…
NY Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History
In Griffin v. Sirva, Inc., the U.S. Court of Appeals for the Second Circuit was asked to determine whether Section 296(15) of the New York State Human Rights Law (NYSHRL) is limited to a party’s employer and if so, can the coverage extend to other related entities? In…
Court Certifies Three Classes in Action Challenging WMATA’s Criminal Background Check Policy
After receiving a contingent job offer as a bus operator with the Washington Metropolitan Area Transit Authority (WMATA) in 2013, Erick Little disclosed information about a 1987 drug conviction. Little would have been just 19 at the time of the 26-year-old drug…
New Regulations Limit California Employers’ Consideration of Criminal History
The California Fair Employment and Housing Council (FEHC) has finalized new regulations on employer consideration of criminal history, largely adopting the guidance set forth by the Equal Employment Opportunity Commission (EEOC). The regulations include expanding the…
More than 8,000 Uber and Lyft Drivers Fail Massachusetts Background Check
As part of a deal that would allow Lyft and Uber drivers to service Logan Airport, the ride-sharing companies agreed to let the state run its own background checks. As a result, more than 8,000 current and recent Uber and Lyft drivers in Massachusetts have been banned…
Los Angeles Ban the Box – New Individualized Assessment and Reassessment Form
The City of Los Angeles recently issued its Rules and Regulations implementing the Fair Chance Initiative for Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the new ban the box ordinance. The city’s Bureau of Contract…
New Los Angeles Regulations Provide Clarity on Ban-the-Box Directives
A recent Rules and Regulations publication released by the Los Angeles Department of Public Works Bureau of Contract Administration will assist employers in Los Angeles with implementing the Los Angeles Fair Chance Initiative for Hiring Ordinance (Fair Chair…







