A Pennsylvania federal court ruled that medical marijuana use does not qualify as a disability under the Pennsylvania Human Relations Act (PHRA), dismissing a job applicant’s discrimination claim. The applicant, Brian Davis, alleged the company rescinded his…
Posts by Category: Pennsylvania
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 The individual sued the business after his conditional employment offer was revoked when a 2011 arrest was…
Another Reason to Tread Carefully When Using Criminal Background Checks in Hiring Decisions
Crothall Services Group, Wayne, Pa., admitted it had used criminal history background assessments in its hiring decisions. But, according to the U.S. Equal Opportunity Commission (EEOC), failing to keep adequate records on the impact those assessments had on…
Philadelphia to Prohibit Employer Questions About an Applicant’s Wage History
In an effort to advance wage equality, the Philadelphia Fair Practices Ordinance is being amended to make the city the first to ban employers from asking about the wage history of job applicants. The law also prohibits reliance on wage history in determining the wages…
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…
Philadelphia to Prohibit Inquiries About Applicant’s Wage History
The Philadelphia Fair Practices Ordinance (Ordinance) is being amended to make it an unlawful employment practice for an employer or employment agency to inquire about various aspects of a prospective employee’s wage history. The city is the first to ban employers to…
Pennsylvania Mistakenly Omits Past Incidents in 28 Background Checks
The Department of Human Services in Pennsylvania blames its IT system for failing to include incidents of abuse or neglect in the background checks of 28 people applying to work with children. Despite the fact the 28 would have still been permitted to work with…
Spokeo Based Motion to Dismiss Filed in Pennsylvania Federal Court
In Long v. Southeastern Pennsylvania Transportation, the named plaintiffs applied for positions as bus operators with the Southeastern Pennsylvania Transportation Authority (SEPTA). SEPTA allegedly extended each of the plaintiffs a conditional offer of employment,…
Philadelphia Limits Employer Use of Credit Information
Beginning July 7, 2016, employers in Philadelphia may not consider credit history or other credit-related information for job-related decisions for many non-managerial jobs. This change stems from an amendment to the Fair Practices Ordinance approved by City Council…
Pennsylvania’s New Medical Marijuana Act Implicates Employer Drug Policies
Pennsylvania’s Medical Marijuana Act (Act), effective May 17, 2016, makes the use, possession and distribution of marijuana lawful in the Commonwealth of Pennsylvania, provided the individual using, possessing and/or distributing the marijuana is authorized by the Act…