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…
Posts by Category: Fair Credit Reporting Act
Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability
The Ninth Circuit has determined that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant’s consumer report after including a liability waiver in the same document as the statutorily mandated disclosure. In addition, a…
Wegmans Accused of Fair Credit Violations
Wegmans Food Markets has been accused of violating the Fair Credit Reporting Act (FCRA) in a lawsuit alleging the company failed to give proper notification to job applicants and employees prior to a routine consumer background screening process. The two accusers,…
D.C. Bill Protects Job Applicants’ Credit Histories
Washington, D.C., has joined 11 states, New York City and Chicago in an effort to prevent employers from conducting credit history screens for job applicants. The D.C. Council Judiciary Committee unanimously passed The Fair Credit in Employment Amendment Act, which…
District Court Wrestles with Interpretation of Webpage in Background Check Disclosure Lawsuit
The Fair Credit Reporting Act requires that employers provide prospective applicants with a disclosure before obtaining a pre-employment background check from a consumer reporting agency. This disclosure must be in a single document that consists “solely of the…
Rite Aid Seeks Dismissal of Job Applicant Background Check Class Action
Last month, Rite Aid filed a motion to dismiss a proposed Fair Credit Reporting Act (FCRA) class-action in the District Court for the Eastern District of Pennsylvania. The complaint states that the business violated the FCRA by failing to allow job applicants to…
Receipt of Improper Background Check Disclosure is Sufficient to Confer Standing Under Spokeo
The District Court for the Central District of California found in favor of consumer standing in the case of Spokeo, Inc. v. Robins. A similar case, Rodriquez v. El Toro Investors Ltd., is focused on an alleged violation of the Fair Credit Reporting Act. In this case,…
Man Wins 3.6 Million After Background Check Goofs
A $3.6 million verdict was won by a Florida man who was falsely identified twice by First Advantage Background Services as a man with the same birthdate, similar name and a violent criminal history. Richard Williams argued that when the company misidentified him as…
McDonald’s Workers Near Ok On Credit Checks Deal
A California federal judge on Monday said he would approve a McDonald’s operator’s $950,000 deal to end claims that it violated the Fair Credit Reporting Act by running credit checks on over 2,500 job applicants without making the disclosures required by…
NJ Bank Sued by Job Applicants Over Credit Reports
New Jersey’s Valley National Bank is facing a putative class action in federal court after violating the federal fair credit reporting law when the company obtained consumer reports on job applicants without first informing the candidates. The suits seek damages…