With the advent of marijuana decriminalization and expanded use for medicinal purposes, the legal and human challenges regarding the opioid crisis also are expanding. One of the most challenging issues is knowing how and when to address an employee who appears to be…
Posts by Category: Employment Screening
Negligent Infliction of Emotional Distress Claim for Job Applicants Remain Viable
A judge recently allowed a claim of emotional distress to continue, denying the employer’s motion to dismiss. The case found that the employer knew the plaintiff suffered from post-traumatic stress disorder (PTSD) and waited until one day before she was scheduled to…
As Opioids Hit the Workforce, Employers are Forced to Improvise
The opioid epidemic that is destroying individuals and families across the country also is threatening to shut down manufacturing plants and whole industries. Particularly affecting men ages 25 to 54, opioid use has become a key factor regarding why “prime age”…
Salary History: To Ask or Not to Ask?
A recent Glassdoor survey has revealed that 53 percent of respondents believed employers should not ask applicants about their current or past compensation. While many states and cities have passed laws prohibiting such information from being requested, employers…
Nearly 2 in 5 Employers Have Lost a Job Candidate Because of a Poor Experience with Their Background Check Process, Finds New CareerBuilder Study
A recent CareerBuilder survey reported that more than a third of employers have lost a candidate because they had a negative experience with their background check. The national survey included representative samples of 2,369 full-time employees and 3,462 full-time…
A Painful Epidemic
According to the Centers for Disease Control and Prevention in Atlanta, opioid-related overdoses took the lives of 33,000 Americans in 2015. Driving the trend is a steep rise in the use of opioid painkillers, with 35 percent of American adults receiving prescriptions…
Federal District Court Upholds Employer to its Promise in FCRA ‘Pre-Adverse Action’ Notice
It was determined by the U.S. District Court for the Eastern District of Wisconsin that an employer potentially violated the Fair Credit Reporting Act (FCRA) when it provided the employee with three days to dispute information contained in the background report rather…
7 Steps to GDPR for US Companies
The General Data Protection Regulation (GDPR) ensures that data subjects have greater control over their personal information, but it creates drastic changes to data privacy for anyone who is in the European Union and for any company that retains EU customer data….
Spokeo and Standing: Fourth Circuit Applies Spokeo and Reverses Nearly $12 Million FCRA Action Judgement
In May, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dreher v. Experian Information Solutions, Inc., reversing and dismissing a nearly $12 million award in a Fair Credit Reporting Act (FCRA) class action. After applying the U.S. Supreme…
Provider Hit with Class Action Lawsuit Over Inaccurate Background Check Report
IMG, doing business as Cathedral Health Care Center, an Indiana-based healthcare management group, has been accused of violating the Fair Credit Reporting Act. Michele Petry filed the class action lawsuit after a false background check report caused her to be denied…







