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The Pre-Employment Hiring Tips Blog is a comprehensive compilation of articles of interest to recruiting and hiring staff. Learn about new laws affecting your state, new technology to make your job easier, and guidance to help your company avoid lawsuits and ensure compliance with all laws and regulations.
Ohio Court Throws Out FCRA Case Based on Initial Grade
Plaintiff Deloris Reid disclosed that she had been convicted of a misdemeanor assault a year before applying with grocery retailer Kroger. She filed a putative class action suit in the Southern District of Ohio under the Fair Credit Reporting Act (FCRA) after General…
Background Screening Company Defeats FCRA Claim with Standing and Effective Procedures Defenses
An Ohio plaintiff’s claim under the Fair Credit Reporting Act (FCRA) was thrown away because he couldn’t show that the report caused him an injury or that the background screening company failed to maintain reasonable procedures to ensure accuracy. Thomas Black filed…
New California Laws Restrict Employer Access to Criminal and Pay Histories
In recent years, California joined other states in banning an employer’s ability to rely on criminal history information when making hiring decisions. Under an amended law, any employer with five or more employees may not ask about or consider an applicant’s criminal…
Portion of Philadelphia Salary History Ban Ruled Unconstitutional
Philadelphia Federal Judge Mitchell S. Goldberg recently held that the portion of the city’s salary history ordinance that prohibits an employer from inquiring about a prospective employee’s wage history is unconstitutional because it violates the First Amendment’s…
Former Employees Hit Naples Hotel Group with FCRA Class Action Over Background Checks
A putative Fair Credit Reporting Act (FCRA) class action, filed Feb. 13 in the Ninth Judicial Circuit Court in Orange County, Fla., has been removed by Naples Hotel Group LLC. The lawsuit alleges that Naples “improperly obtained and used consumer reports about…
Bank Moves to Dismiss Background Screening Class Action Complaint Based on Federal Preemption Argument
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 The individual sued the business after his conditional employment offer was revoked when a 2011 arrest was…
“Ban the Box” Legislation Expands – What Should Employers Do?
With “Ban the Box” laws continuing to expand, many states are beginning to consider whether they should be asking questions about arrest and conviction record as part of the normal application process. Ban the Box was implemented to allow those with criminal…
California Proposes New Liability Regime for Companies That Deal in Credit Reports
California’s Assembly Bill 1859 (AB 1859) aims to impose substantial new security obligations on consumer credit reporting agencies and companies that contract with such agencies. Under the new law, agencies and their contractors would be “required to expediently…
FDIC Announces Electronic Fingerprinting Requirement for Background Checks Conducted in Conjunction with Applications and Notices
The Federal Deposit Insurance Corporation (FDIC) recently announced that it will require electronic fingerprinting in order to conduct more efficient and effective background checks when reviewing various applications and notices for FDIC-insured and proposed insured…
Another Change to Massachusetts Ban-The-Box Law
Massachusetts employers soon will no longer be permitted to inquire about convictions and sealed or expunged records for employment purposes. About 10 years ago, the state became the second to enact a “ban-the-box” law and on Oct. 13, a criminal justice reform bill,…
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