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Following the U.S. Supreme Court’s grant of certiorari on April 27, 2015 in Spokeo, Inc. v. Robins, No. 13-1339, the Petitioner has weighed in with their brief. As you may recall, the question before the Court has the potential to determine the future scope of…
On July 7, the United States District Court for the Southern District of California preliminarily approved a $1.75 million class action settlement under the FCRA involving Chuck E. Cheese’s background check practices. This settlement serves as another reminder of the…
Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the focus of federal enforcement efforts over the…
United States Investigations Services, the security firm which vetted Edward Snowden, has agreed to a fine of about $30 million to settle U.S. charges related to the way it conducted background checks on applicants for sensitive government jobs. The Justice Department…
Did you know that the EEOC requires employers to keep all personnel and employment records for at least one year? Just as importantly, to the extent the employer uses a screening technique, like a pre-employment test, information on its impact on candidates by sex,…
Many businesses mistakenly believe that the FBI database is the “gold standard” for identifying those with criminal records. But, the FBI database only includes criminal records that have a fingerprint associated with them, and many from the state or county level do…
Congress has approved the creation of a veterans’ identification card, making it easier for veterans to prove military service without having to produce a military service record or some other valuable document. “This bill is a prime example of what we can…
Final guidance (SP 800-171) from the National Institute of Standards and Technology on protecting sensitive federal information on nonfederal information systems “will prove important, perhaps profound, as the nation seeks to improve its cyber defenses,†said an…
A new University of Illinois policy requiring background checks for all new employees is expected to start Oct. 5. The school already requires background checks for employees with positions considered “security-sensitive,” and those who work with money,…
The Federal Trade Commission has issued new guidance on data security for companies that collect, store and use consumer information, gleaned from the more than 50 enforcement actions brought by the agency over the past decade. The guidance, “Start with…