On January 29, 2019, the U.S Court of Appeals for the Ninth Circuit (covering a number of states and territories bordering the Pacific Ocean) issued a far-reaching opinion that will likely impact the hiring process of prospective employers who conduct background checks on applicants. In the case at issue, Desiree Gilberg (Gilberg) brought a class … Continue reading this entry
Tags: Background Checks, CheckSmart, employee rights, Employment Application, Fair Credit Reporting Act, FCRA, Ninth Circuit Court of Appeals
Earlier this month, in a case pending in the U.S. District Court for the Central District of California, Home Depot avoided a class action suit under the Fair Credit Reporting Act (FCRA). The lawsuit accused the company of improperly obtaining personal information about job applicants by relying on background check authorization forms that did not … Continue reading this entry
Tags: Background Checks, California, Fair Credit Reporting Act, FCRA
Credit information is often one component of a comprehensive employment background check. As we have previously reported, employers utilizing background checks performed by a credit reporting agency are subject to a number of notice, consent, and other requirements under the Fair Credit Reporting Act (FCRA). A new D.C. law goes even further than the FCRA, … Continue reading this entry
Tags: Background Checks, Ban-the-Box Law, D.C. Employers, Fair Credit in Employment Amendment Act, Fair Credit Reporting Act
California continues its lead in restricting use of criminal records with the Fair Employment and Housing Council (FEHC) recently finalizing new regulations that further limit a California employer’s ability to use criminal history when making employment decisions. The regulations, borrowing heavily from the EEOC’s 2012 Guidance, will be effective July 1, 2017.… Continue reading this entry
Tags: Background Checks, California Fair Employment and Housing Act, Criminal History, Notice Requirements, Protected Class
Texas State Representatives Terry Canales (District 40, serving part of Hidalgo County) and Nicole Collier (District 95, serving part of Tarrant County) have proposed legislation related to employers’ consideration of credit information for employees and job applicants. HB 317 amends Chapter 52 of the Texas Labor Code by generally prohibiting a covered employer’s use of … Continue reading this entry
Tags: #Gardere, Adverse Employment Action, Background Checks, bona fide, Credit Checks, credit history, credit information, credit report, District 40, District 95, Fair Credit Reporting Act, FCRA, financial institution, HB 317, proposed legislation, Representative Nicole Collier, Representative Terry Canales, substantially related, Taylor White, Tex. Lab. Code § 21.002, Tex. Lab. Code § 52.081, Tex. Lab. Code § 52.082, Tex. Lab. Code § 52.083, Tex. Lab. Code § 52.084, Tex. Lab. Code § 52.085, Texas Labor Code, Title VII, work knowledge
When appropriately used, background checks can be a powerful tool in making employment decisions. However, an employer that wants to obtain background checks from a consumer reporting agency must be cognizant of a number of laws that can limit when it may obtain a background check and how it may use the information revealed by … Continue reading this entry
Tags: Background Checks
The Consumer Financial Protection Bureau (Bureau) has taken over rulemaking and enforcement responsibilities for the Fair Credit Reporting Act (FCRA) and has updated an important FCRA form that employers must use when utilizing consumer reports in conducting background investigations of prospective and current employees, including criminal background checks.… Continue reading this entry
Tags: Background Checks
Posted in FCRA; Human Resources/ Employer Matters
Posted in California; Human Resources/ Employer Matters
Posted in New and Recent Legislation
Posted in Discrimination; FCRA; Policies & Practices
Posted in Human Resources/ Employer Matters