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August 15, 2017
Ninth Circuit Revisits Article III Standing For An Alleged FCRA Violation

On August 15, 2017, the U.S. Court of Appeals for the Ninth Circuit issued another opinion in the saga of Robins v. Spokeo, Inc.—a case dealing with the question of what violations of a federal statute are sufficient to confer Article III standing.  The plaintiff alleges Spokeo violated the federal Fair Credit Reporting Act (“FCRA”)…

July 31, 2017
Final Regulations Clarifying and Expanding New York City “Ban the Box” Law Take Effect on August 5, 2017

New York City’s Fair Chance Act (FCA), which took effect October 27, 2015, imposes affirmative obligations on covered employers and employment agencies regarding when they may conduct criminal background checks on job applicants, and what process must be followed before making an adverse decision on the basis of an applicant’s criminal history.  It is one…

July 17, 2017
California Court Certifies FCRA Class of Over 40,000 Applicants

As Littler has reported, the number of class action lawsuits against employers alleging violations of the Fair Credit Reporting Act (FCRA) has continued to spike.  Most lawsuits proceed in federal court, but the FCRA allows plaintiffs to file in either federal or state court.  On July 13, 2017, a class action was certified in state…

July 14, 2017
FTC Report: With Big Data Can Come Big Responsibility

The Federal Trade Commission (“FTC”) issued a report this month entitled, “Big Data: A Tool for Inclusion or Exclusion.”1 The theme of the report is that a company’s use of big data—be it in identifying and providing services to consumers or in the hiring and management of its workforce—may have both benefits and risks.  This article…

June 30, 2017
Federal District Court Holds Employer to its Promise in FCRA “Pre-Adverse Action” Notice

The U.S. District Court for the Eastern District of Wisconsin recently held that an employer potentially violated the Fair Credit Reporting Act (FCRA) when it provided the employee with three days to dispute information contained in a background report and not the five it promised in the pre-adverse action notice.1  The court’s opinion is a…

May 6, 2017
“Who Can It Be Now?” New York’s Highest Court Explains Who May Be Liable For Discrimination Based On A Criminal Conviction

On May 4, 2017, the New York Court of Appeals answered who may be liable under the state’s fair employment law for discrimination based on an individual’s conviction record.  The opinion in Griffin v. Sirva, Inc. is noteworthy because it is increasingly common for more than one company to play a role in criminal background…

May 2, 2017
FTC Issues “Advice” on Background Check Disclosure and Authorization Forms

On April 28, 2017, the Federal Trade Commission (FTC) issued a blog article entitled “Background checks on prospective employees: Keep required disclosures simple.”1  The FTC is one of the two federal agencies with oversight of the Fair Credit Reporting Act (FCRA); the other one is the Consumer Financial Protection Bureau (CFPB).  The FCRA imposes specific…

April 26, 2017
New Changes to Massachusetts Regulations on Criminal History Checks

Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law.1 CORI refers to the database of criminal information maintained by the Department of Criminal Justice Information Services (DCJIS).  CORI records are limited to crimes investigated and prosecuted by the Commonwealth and do not include information related to federal crimes or…

March 12, 2017
California Lawmakers Introduce Statewide Ban-the-Box Law

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge.  In the last six months alone, we have reported on a variety of new laws that apply to California employers that use criminal records in pre-hire and other employment decisions.1 Continuing this trend, on February 16, 2017, five…

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