FCRA

Employers Use of Background Check Reports and Limitations on Use

Are you an employer that conducts pre-employment background checks for new hires, or maybe background checks for existing employees for promotion, reassignment or retention purposes? Ever randomly wonder if you can use that report and information in it for a purpose other than employment screening? The short answer is, no. The FTC recently posted on […]

read more →

Spokeo v. Robins: Supreme Court Decision Announced

Spokeo v. Robins has been a closely-followed case among background screening companies because of the potential ramifications of the claims made in the lawsuit. Thomas Robins discovered that his Spokeo profile contained inaccurate information about him and filed suit alleging that Spokeo had willfully failed to comply with the FCRA. The Supreme Court announced its […]

read more →

New York City: New Guidance Issued for Fair Chance Act

According to an advisory released by NAPBS, New York City's Commission on Human Rights has issued updated legal guidance in regards to compliance with the Fair Chance Act and the NYC Human Rights Law. The guidance specifically states that "inquiring" includes conducting a criminal background check (either by the employer or a third party screening […]

read more →

The Value of Background Checks—A Legally Compliant Screening Program

(This post was written by Montserrat Miller, a partner at Arnall Golden Gregory in Washington, D.C.) The Affordable Care Act provides grants to states to implement background check programs for prospective long-term-care employees in settings such as nursing facilities, home health agencies and hospices. The grant program, known as the National Background Check Program (NBCP), […]

read more →

Compliance: Can you require applicants to pay for their background checks?

This is an issue that we see from time to time. Either a client will invoice their applicants for the cost of a background check, or they will arrange for their applicants to contact the CRA directly to purchase a check. While this is currently legal in most states, there are a few potential issues […]

read more →

Update: Philadelphia Ban the Box Proposal

February 1, 2016 | posted in: Ban the Box, FCRA | by

Philadelphia has amended Chapter 9-3500 of the city code to implement the following changes, effective March 14th, 2016: The ordinance applies to all employers in Philadelphia, with the only exception being law enforcement. Employers cannot inquire about an applicant's criminal history until a conditional job offer has been made. Employers cannot ask whether an applicant […]

read more →

FCRA Update: State Disclosures

A case that is currently pending in California federal court is calling into question whether the FCRA's mandate of a “clear and conspicuous” written notice permits employers to include any additional language at all on a Disclosure and Authorization form. Stanford University is being sued for violating this section of the FCRA by including state […]

read more →

New Compliance Initiative Takes Effect 12/1/15

To Our Clients & Partners: In keeping with our dedication to compliance, and due to the recent increase in litigation against employers and CRAs, we will be enacting a new Compliance Initiative which requires some changes to our reporting. Effective December 1, 2015, we will no longer be reporting cases with a disposition of dismissed, […]

read more →

Incorrect Reporting? – Meyer and the National Tenant Network

In a recent case in San Francisco, Harold Meyer claimed that National Tenant Network supplied an incorrect sex offender report to both his employer and landlord and then refused to provide him with a copy of the report. Because of the negative information in the report, Mr. Meyer was denied employment and residency. There are […]

read more →

FCRA Tackles Whole Foods

To run a background screening, you must have a signed consent form. The form must be the proper form and it must be signed prior to running the screening. Whole Foods is in a class action suit for purportedly skirting these requirements. If you are concerned about the consent form you are using, please contact […]

read more →