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Apr 14 2021

Illinois Human Rights Act Updates Are Now Law

With the change of seasons we are seeing changes to some laws. In February we talked about Illinois Senate Bill 1480 and about potential changes coming to the Illinois Human Rights Act. The changes...

Apr 09 2021

Costly Settlement for Alleged FCRA Violation

The Fair Credit Reporting Act (FCRA) outlines the fundamental federal requirements for employment background checks done by consumer reporting agencies. No company wants to face the consequences of a violation. But the truth is,...

Apr 06 2021

Vermont Blocks Wide Use of Credit Checks in Employment Decisions

Some states and cities have introduced and passed bills to place restrictions on using credit checks for employment purposes. Generally, these laws restrict when or how employers use credit history for most employment decisions....

Apr 01 2021

Fair Chance Violation Complaint Delivered to FedEx in New York City

The consequences of violating employment laws can be significant. Employers can face litigation, leading to big penalties. Macy’s recently experienced this in New York City. Now, FedEx Ground Package System, Inc. (“FedEx”) is accused,...

Mar 25 2021

Philadelphia Boosts Protections for Credit History Used in Employment Decisions

A consumer’s credit history is highly protected. What shows up affects consumers seeking jobs, housing, vehicles and more. Some laws promote accuracy, fairness, and the privacy of information with credit bureaus. Several federal, state...

Mar 18 2021

Small but Mighty: Rhode Island’s Credit Check Laws

Rhode Island may be the smallest state, but some of its state laws align with some of the nation’s biggest. States like California restrict the use of certain credit information for employment purposes. Some...

Mar 09 2021

Amendments Update Philly’s Ban the Box Law

The City of Brotherly Love is home to many historic sites. From the Liberty Bell to those famous stairs from the movie Rocky, the city sure is a staple in the history books. In...

Mar 03 2021

Changes Ahead for the NYC Fair Chance Act

Last month we discussed New York City’s Fair Chance Act (FCA). It places restrictions on how NYC employers can use certain criminal history information. The FCA addresses employment ads, asking job applicants about criminal...

Feb 18 2021

Understanding New York City’s Fair Chance Act

Several “Fair Chance” or “ban the box” initiatives nationwide have been introduced or updated over the past year. Take, for example, the new Federal Fair Chance Act and changes to California’s Fair Chance Act....

Feb 10 2021

Oklahoma! Where the Disclosures Are Written Plain

Some states have their own background report disclosure laws.  Our virtual road trip throughout the United States has introduced us to many states that require specific disclosures, beyond FCRA disclosures, before screening applicants or...

Feb 04 2021

Illinois Proposes Changes to How Employers Use Certain Criminal History

By now, you are probably aware of the importance of checking up on state and local laws if you obtain background reports on your applicants and employees. We recently covered a court case in...

Jan 20 2021

New York City Restricts Use of Candidate Credit History

Do your background reports contain credit information about your candidates?  Some states, and cities, restrict the use of certain credit information for employment purposes. In New York City, the hub for the financial industry,...

Jan 13 2021

Regulations from Federal Agencies and the FCRA

If you use background reports for employment purposes, you are probably well-versed in the federal Fair Credit Reporting Act (FCRA). But did you know that the FCRA grants the Consumer Financial Protection Bureau (CFPB),...

Jan 07 2021

Employment Discrimination Based on Criminal History: A Cautionary Tale

The laws around employment background reports are vast. If you use background reports, you probably take care to follow all applicable federal, state, and local consumer reporting laws. In addition to consumer reporting laws,...

Dec 29 2020

Disclosures Go Down the New Jersey Shore

Does your team live or work up and down the Jersey Shore? Then there are some state-specific disclosure requirements to keep in mind. That’s right, New Jersey law includes specific background report disclosure requirements....

Dec 16 2020

Anti-discrimination Suit Raised Against New York Insurance Company

If you’re an employer that uses background reports, compliance is a priority issue. Federal, state, and local consumer reporting laws are not the only laws to consider. From ban the box to anti-discrimination, there...

Dec 04 2020

Ban the Box 2.0 in Montgomery County, Maryland

As the largest county in the state of Maryland, Montgomery County enacted its ban the box law years before the state did so. It took the state of Maryland until 2020 to pass a...

Nov 18 2020

Innovating “Applicant”: Updates to California’s Ban the Box Law

The state of California is a leader in the tech world. Silicon Valley is the global hub for technology innovation and startups. Many of the largest tech-based corporations even call this state home. But...

Nov 10 2020

Keeping Things Unique in the State of New York

You may have heard this tongue twister before: “Unique New York.” That’s more than just a vocal warm-up for theater folks or a line from Will Ferrell’s character “Ron Burgundy” in Anchorman. It accurately...

Nov 05 2020

Unwrapping Ban the Box Updates in St. Louis

The city of St. Louis wrapped up its new Ban the Box law with a bow just in time for the new year. This means all employers in St. Louis have just over a...

Oct 19 2020

Aloha! to Ban the Box Updates in Hawaii

Grab your cup of Kona coffee, and let’s catch up on hiring on island time. Riding waves of new hires under Hawaii’s existing ban the box law doesn’t have to be a grind.  If...

Oct 06 2020

Heroes Act: Where the Pandemic and Background Checks Could Intersect

The coronavirus (COVID-19) pandemic has a far-reaching impact on us all. We’ve had to monitor access to courthouse records during state closures, certainly. Verified Credentials also helps employers navigate new hiring challenges. But in...

Oct 01 2020

Into the Wild of Montana’s Disclosure Requirements

The great outdoors called to many of us in recent months. It’s been a much-needed break from at-home offices and busy homes in lockdown. Residents of Montana may have had the best views, with...

Sep 22 2020

North Carolina Firing Up Ban the Box

If you like your barbecue sauce true North Carolina style, you know it should drizzle, not stick, to what’s in the pit. A recipe isn’t always needed, but the signature style must be there....

Sep 16 2020

Macy’s Learns What’s in Store for Employers Who Engage in Discriminatory Employment Practices Using Background Report Information

Retail stores are no strangers to matters of civil rights. For decades, civil rights laws have helped keep retailers accountable for consumers’ civil rights complaints. Anti-discrimination protections extend not just to the shoppers, though....

Sep 08 2020

“Minnesota-Nice” Background Check Disclosures

Some states have their own background check disclosure laws. California, Massachusetts, and more may require disclosures, besides FCRA disclosures, before you screen (see our industry notes on these here and here). We’ve traveled coast-to-coast...

Aug 17 2020

Full Disclosure: Getting to Know Massachusetts Background Report Compliance Notices

Background checks from a background screening company start after a few basic steps. Consent forms must be signed, and disclosures presented. Once complete, we can get to work on a background report – and...

Aug 11 2020

Holy Toledo! Salary History Ban Moves into Toledo, Ohio

Protecting job candidates means more laws take their corner on privacy rights. More locations are restricting information about employment experience, including salary history. As of June 25, 2020, Toledo became the second city in...

Aug 03 2020

Blocking in Memphis: Ban the Box Comes to Shelby County, Tennessee

Music landmarks and legends found a home in Memphis. It’s home to the biggest movements in blues, soul, and rock ‘n’ roll. Now the second biggest city in Tennessee is part of a big...

Jul 28 2020

More California Background Report Disclosures: San Francisco

We’ve talked about how, in California, the Investigative Consumer Reporting Agencies Act (“ICRAA”) and the Consumer Credit Reporting Agencies Act (“CCRA”) require employers to make specific disclosures to their applicants and employees before obtaining...

Jul 20 2020

DHS Extends I-9 Compliance Flexibility

Last month, we discussed the Department of Homeland Security (“DHS”) news release announcing a 30-day extension in I-9 compliance flexibility to July 19, 2020. For more information on the I-9 flexibility, check out our...

Jul 13 2020

Salary History Restrictions Coming to Maryland

There has been an increase in jurisdictions adopting “salary history bans,” like the salary history bans we have discussed in New Jersey, New York, Philadelphia, Pennsylvania, and Cincinnati, Ohio.  With recent legislation, the state...

Jun 22 2020

DHS Announces Extended I-9 Compliance Flexibility

The Department of Homeland Security (“DHS”) recently issued a news release announcing a 30-day extension in I-9 compliance flexibility, to July 19, 2020, due to continued precautions related to COVID-19. DHS made the initial...

Jun 17 2020

Virginia “Bans the Box” (For Certain Offenses)

We have highlighted several new ban the box laws at the local, state, and federal level.  Another month brings a new ban the box law for you to consider. On May 21, 2020, the...

Jun 08 2020

“Credit Checks” in California? There’s (Another) Disclosure for That!

Last month we discussed California’s Investigative Consumer Reporting Agencies Act (“ICRAA”) and the state-specific disclosures required by the ICRAA if you obtain “investigative consumer reports” as defined by California law on applicants or employees...

May 28 2020

Background Reports in California? There’s a Disclosure for That!

You’re probably aware of the federal Fair Credit Reporting Act (“FCRA”) disclosure and authorization requirements for employers that want to obtain background reports from consumer reporting agencies like Verified Credentials on employees and applicants....

May 15 2020

Suffolk County, New York Passes Ban the Box Law

We have previously discussed several new “ban the box” laws at the local, state, and even federal level. On March 17, 2020, Suffolk County, New York passed their version of a ban the box...

May 06 2020

The Ninth Circuit, Once Again, Addresses FCRA Disclosure and Authorization Requirements

The Ninth Circuit Court of Appeals has recently issued a few well-publicized decisions on Fair Credit Reporting Act (“FCRA”) disclosure and authorization requirements. We have previously discussed two marquee decisions, Gilberg v. California Check...

Apr 21 2020

The Ninth Circuit Takes on Background Report Disclosures (Again)… and Pre-Adverse Action Requirements Too

We have previously written about Gilberg v. California Check Cashing Stores, LLC, a recent decision by the Ninth Circuit Court of Appeals that dove into the disclosure requirements for employers that use background screening...

Apr 14 2020

FTC Takes Action Against Using Consumer Reports for an Impermissible Purpose

We have previously touched on the Fair Credit Reporting Act (FCRA) requirement to have a permissible purpose to obtain a background report (called a “consumer report” under the FCRA).  As we talked about, there...

Apr 06 2020

Litigation Update: Waterloo, Iowa Ban the Box Ordinance

In previous articles, we have discussed both the Ban the Box ordinance passed by the City of Waterloo, Iowa and the lawsuit relating to the ordinance filed against the city by the Iowa Association...

Mar 27 2020

Thinking About Adverse Action? Make a Plan!

If you use a third-party agency to provide you with background reports (which are also referred to as “consumer reports”), you may want to familiarize yourself with the Fair Credit Reporting Act (“FCRA”), a...

Mar 16 2020

Columbia, SC Amends their Ban the Box Law

We had previously discussed a Ban the Box law in Columbia, South Carolina, that went into effect in August 2019. As mentioned in our previous industry note, the Columbia law placed various restrictions and...

Mar 04 2020

U.S. House of Representatives Passes FCRA-Amending Bill: The Comprehensive CREDIT Act of 2020

On January 29, 2020, the United States House of Representatives passed the “Comprehensive Credit Reporting Enhancement, Disclosure, Innovation, and Transparency (CREDIT) Act of 2020” (the “Act”). The Act contains a number of provisions that...

Feb 25 2020

Appeals Court Upholds Philadelphia Salary History Ban

Salary History Bans have been passed in multiple cities and states throughout the country. We have reported on recently enacted Salary History Bans in New York, New Jersey, and Cincinnati, Ohio. Philadelphia, Pennsylvania is...

Feb 18 2020

Grand Rapids, MI Enacts “Ban the Box”- Style Restrictions

We have previously reported on multiple recently enacted Ban the Box laws, both at the state and municipal levels. As you may know, Ban the Box laws often feature restrictions that prevent employers from...

Feb 05 2020

New Version of Form I-9 Released

You probably know that all employers need to complete a Form I-9 for all newly hired employees to verify their identities and authorization to work in the United States. There have been multiple versions...

Jan 22 2020

Waterloo, Iowa Facing Lawsuit Over “Ban the Box”

We previously discussed the Ban the Box ordinance recently passed in Waterloo, Iowa. On January 2, 2020, the Iowa Association of Business and Industry (IABI) filed a lawsuit against the city of Waterloo, alleging...

Jan 16 2020

Federal “Fair Chance Act” Enacted

We have previously covered “Ban the Box” laws in multiple jurisdictions, including both statewide laws, such as the law in Colorado, and municipal ordinances, including Waterloo, Iowa, Columbia, South Carolina, and Saint Louis, Missouri....

Jan 08 2020

Salary History Ban Coming to Cincinnati

Starting in 2020, Cincinnati, Ohio will join jurisdictions such as New York and New Jersey in adopting a “Salary History Ban”. Salary History Bans typically restrict when, or if, an employer can ask an...

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