Two federal lawsuits in Chicago accuse background check companies of costing job applicants work by sending prospective employers outdated and inaccurate background check reports. Ahmad Khalid alleges Backgroundchecks.com cost him a job because it reported sealed…
Posts by Category: Employment Screening
New York City Approves Pay History Ban
In April, the New York City Council approved legislation that will ban employers from requesting or using job applicants’ salary history when making hiring decisions. Introduction 1253-A is similar to those bans in Massachusetts and the City of Philadelphia, along…
Courts Approve $950,000 FCRA Class Action Settlement Against McDonald’s
In March, the United States District Court for the Central District of California granted final approval of a Fair Credit Reporting Act (FCRA) class action against McDonald’s. James Wesley Carter alleged that the fast-food restaurant violates rights of consumers by…
Burgum Signs Applicant Privacy Bill
In April, Gov. Doug Burgum signed a bill that shields applicants for public jobs in North Dakota. The new law makes any records that could identify an applicant for a job with a “public entity” confidential until at least three finalists are designated. Opponents say…
New Survey Reveals the Cost of a Bad Hire
A new survey from global staffing firm Robert Half aimed to determine the strength of the hiring processes of small and midsize firms. The survey explores the perspectives of more than 1,000 business owners and human resources manager of United States firms. On…
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…
Ohio State and Federal Courts Find No Standing to Assert Technical Violations of the FCRA’s Background Check Disclosure Requirement
Ohio courts have recently weighed in on the issue related to the procurement of background checks on current or prospective employees — more specifically, whether employees have the standing to sue employers in cases where the employer fails to provide a…
New Child Care Background Check Bill Leaves More Questions Than Answers
Assembly Bill 2036 imposes additional restrictions on businesses providing online childcare job posting services in California and on background screening companies providing background checks to those businesses. The Bill amends existing law by imposing new duties on…
Employer Commits Willful Violation of Fair Credit Reporting Act by Including Waiver in Statutorily Mandated Disclosure
In Syed v. M-I, LLC,the Ninth Circuit held that the Fair Credit and Reporting Act rights notice cannot be combined with any other notice or agreement. In determining that the violation was willful, the Court held that the “ordinary meaning of ‘solely’ is alone; singly…
Pre-Employment Background Screening 101 – Mitigate Your Risk
Attorney Montserrat Miller’s article is a poignant reminder employers about practices they should implement to help mitigate risk in the hiring process. She wrote “a series of recent class action complaints against employers leads me to write about what employers can…








