Client Portals
Although criminal histories can be among the most important for identifying potentially problematic employees, recent EEOC Guidelines elaborate on the use of criminal histories in hiring practices, and should not be ignored. These guidelines have made it incumbent…
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…
Kansas enacted a new law requiring background checks for state employees handling sensitive financial data, following revelations that Jonathan L. Clayton, a Commerce official with a financial felony record, oversaw $100M in pandemic relief funds. Previously,…
A decision by the Southern District of Iowa in Smith v. Mutual of Omaha Insurance Company has provided some hope for those seeking ways to defend against Fair Credit Reporting Act (FCRA) class action claims. The plaintiff in the case claimed he did not obtain a…
Vanessa Vence-Small, of New Windsor, N.Y., pleaded guilty to wire fraud and was sentenced Nov. 28 in U.S. District Court in New Haven, Conn., to 30 months in prison. Prosecutors alleged that Vence-Small enriched herself “by means of materially false and…
In March, PNC Financial Services Group, Inc., moved to dismiss a class action complaint filed by Damian McCoy in the Western District of Pennsylvania. The individual sued the business after his conditional employment offer was revoked when a 2011 arrest was…
The former vice president of Charlotte, N.C.-based Bank of America who was terminated in January 2013 accused the bank of falsely reporting it had conclusive evidence of her criminal wrongdoing to Early Warning Services L.L.C. Charges included blacklisting and…
FINRA (the Financial Industry Regulatory Authority) has issued a rule change for background screening requirements that went into effect on July 1, 2015. FINRA Rule 3110(e) is based on similar provisions in NASD Rule 3010(e) and NYSE Rule 345.11. In short, FINRA Rule…
A federal court in Virginia has denied a motion for summary judgment in a class action complaint that claims Wells Fargo Bank violated the FCRA when performing background checks on job applicants by coding some as “ineligible” prompting adverse action and…
In recent years, questions have been raised in many quarters about how brokers with questionable backgrounds have been able to move among firms and remain in the industry. FINRA has responded by enhancing a broker dealer’s obligations for reviewing the…