INDUSTRY NEWS
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....
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....
“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...
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...
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...
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...
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...
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...
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...
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...
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...
“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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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....
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...
Waterloo, Iowa: The First Iowa Jurisdiction to “Ban the Box”
The “ban the box” movement – featuring laws that often prevent employers from asking about a candidate’s criminal history early in the hiring process – continues to diffuse rapidly at state and local governments....
Salary History Ban Coming to New Jersey
“Salary history bans” are increasingly being adopted by states and local jurisdictions, like an upcoming salary history ban in New York. We’re seeing the trend of salary history bands moving to New York’s neighbor...
Unbiased Employment: Background Checks and the EEOC
As an employer that conducts background checks, you’re probably familiar with the federal Fair Credit Reporting Act (“FCRA”) and know that there’s certain obligations you may have under it (as well as under its...
One Background Report: One Permissible Purpose
What’s your reason for completing background checks? Is it to help you make educated hiring decisions? Or possibly for other business purposes? This distinction is essential because the Fair Credit Reporting Act (FCRA) includes...
Improper Use? Macy’s Faces Allegations of Discrimination in Background Check Policies
When completing background checks, ensuring compliance with federal, state, and local consumer reporting laws is only one consideration for an employer. Employers should also keep anti-discrimination laws in mind. Macy’s, Inc. is currently facing...
Ban the Box Debated in St. Louis, MO
The ban the box movement has been gaining steam, with many jurisdictions passing laws in recent years. We have previously touched on the ban the box laws in Colorado and Columbia, South Carolina, and...
$54 Million Negligent Hiring Lawsuit Verdict Upheld
Avoiding risky hires takes more than just completing a background check to store in a candidate’s personnel file. It’s also essential to have policies and procedures in place with the help of trusted legal...
Beyond “Ban the Box”: Salary History Ban Passed in New York State
At this point, you may be familiar with the recent trend of “ban the box” laws popping up throughout many states and cities. Typically enacted by state or local governments, these laws often prevent...
The Ninth Circuit’s Take on Background Check Disclosures
The legal landscape surrounding background checks seems to be constantly changing. With the multitude of Fair Credit Reporting Act (FCRA) lawsuits filed recently, courts have had the opportunity to interpret many provisions of the...
Consumer Reports & Investigative Consumer Reports: Separate Disclosures?
We’ve previously talked about one keystone obligation of employers under the Fair Credit Reporting Act (FCRA), background check disclosures and authorizations. Before requesting a background check on an applicant, the employer has to share...
City Laws Matter Too: Columbia, SC Enacts “Ban the Box”
Keeping track of the laws impacting the hiring process can be a challenge for any employer. In addition to federal regulations, like the Fair Credit Reporting Act (FCRA), state and even local laws can...
Is Your FCRA Summary of Rights Document Up-to-Date?
As an employer that conducts background checks, you’re probably familiar with the federal Fair Credit Reporting Act (FCRA) and know that there are certain obligations you may have under it (as well as under...
Delta Airlines Settles FCRA Disclosure & Authorization Class Action Lawsuit for $2.3 Million
Employers should be wary of the increasing number of Fair Credit Reporting Act (FCRA) lawsuits brought against them. The FCRA is full of potential obligations for employers that obtain FCRA regulated background reports (called...
“Ban the Box” Comes to Colorado
By now, you have likely heard of “Ban the Box” laws. Typically enacted by state or local governments, these laws often prevent employers from asking about an applicant’s criminal history early in the hiring...
Form I-9 Update
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. However, keeping track of all versions of the Form can...
