The U.S. Supreme Court recently decided to hear a case brought under the Fair Credit Reporting Act (“FCRA”) to determine whether individual consumers have standing to sue a consumer reporting agency for statutory violations of the FCRA when no “actual damages” were suffered by the consumer. The FCRA, like other privacy laws, imposes monetary damages… Continue Reading
As the vast array of internet-connected devices mushrooms, and technologies permit those devices to communicate with one another, calls for privacy and security can be heard. On the heels of a recent victory in the ongoing LabMD case, the Federal Trade Commission (FTC) announced yesterday “concrete steps” businesses can take to enhance the privacy and… Continue Reading
Effective September 30, 2014, New Hampshire joins sixteen other states (Arkansas, California, Colorado, Illinois, Louisiana, Maryland, Michigan, New Jersey, New Mexico, Nevada, Oklahoma, Oregon, Tennessee, Utah, Washington, and Wisconsin) in prohibiting employers from requiring employees or job applicants to disclose their login information for accessing any “personal account” or service through an electronic communication device. Similar… Continue Reading
Baltimore, MD has joined the growing list of cities and states around the country implementing “ban the box” legislation. “Ban the box” legislation restricts inquiries regarding an applicant’s criminal history on applications for employment and during job interviews. The EEOC recommends “banning the box” believing the use of conviction records excludes applicants and can disparately impact… Continue Reading
The U.S. Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) issued joint informal guidance concerning the legal pitfalls employers may face when consulting background checks into a worker’s criminal record, financial history, medical history or use of social media. The FTC enforces the Fair Credit Reporting Act, the law that protects the… Continue Reading
Massachusetts Senator Elizabeth Warren recently introduced legislation which would ban employers from conducting credit checks of prospective employees during the hiring process. Known as the Equal Employment for All Act, the measure would amend the Fair Credit Reporting Act to prohibit employers from using consumer credit reports to make employment decisions. Notably, the Act would permit exceptions… Continue Reading
Colorado joins eight other states in restricting employers’ use of credit information in making employment decisions
Michigan becomes fourth state to enact law banning employers from requiring access to employees’/applicants’ social media accounts
A New York law, effective December 12, 2012, prohibits businesses and other entities from requiring individuals to disclose or furnish their Social Security Numbers for any purpose, subject to certain exceptions.
The FTC Flexes Its Muscle In the Background Screening Industry
Beginning January 1, 2012, California will restrict an employer’s ability to obtain a credit report for employment purposes.
Connecticut joins five other states (Hawaii, Illinois, Oregon, Washington, and Maryland) in limiting what credit report information employers may use in making hiring or employment decisions.
One might think that bankruptcy is a private matter, with little to no bearing on whether one can meet the qualifications for a particular job. As my colleagues report today, the U.S. Court of Appeals for the Eleventh Circuit (with jurisdiction over Alabama, Florida and Georgia) joins its sister Circuits (the Third and Fifth Circuits) in holding… Continue Reading
On April 12, 2011, Maryland Governor Martin O’Malley signed into law S.B. 132/H.B. 87. Under this law, Maryland employers, except in limited circumstances, are prohibited from using an individual’s consumer credit history for hiring or other employment purposes. Beginning October 1, 2011, employers are prohibited from using credit report data to deny employment, discharge an employee,… Continue Reading
Top Ten List of Issues Concerning Background Check
In the face of increasing unemployment, in March 2011, Florida, Michigan, and Montana joined the ranks of approximately fifteen other states that are considering bills limiting employers’ ability to use credit checks for employment purposes. Florida. Florida’s Senate Bill 1562, introduced on March 3, would prohibit employers from using an applicant’s personal credit history as… Continue Reading
Pursuant to the Fair Credit Reporting Act (pdf), the Federal Trade Commission has promulgated three notices (pdf): (i) A General Summary of Rights; (ii) A Notice to Furnishers of Information to Consumer Reporting Agencies; and (iii) A Notice to Users of Consumer Reports (such as employers). In late August, the FTC proposed revisions to the three current… Continue Reading
Recent state law developments will affect whether and to what extent certain employers can conduct credit and criminal background checks on employees and applicants. Employers, particularly multi-state employers, should be sure to review these new requirements and adjust their practices accordingly. Massachusetts The Commonwealth has changed how employers access and use criminal offender record information… Continue Reading
FCRA “Fair Credit Reporting Act” Burghy “Dayton Racquet Club, Inc.” FTC “Summary of Rights” “background check” “Pre-Adverse Action”