The FTC Flexes Its Muscle In the Background Screening Industry
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California to Restrict Employers’ Use of Credit Reports Beginning 2012
Beginning January 1, 2012, California will restrict an employer’s ability to obtain a credit report for employment purposes.
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Connecticut Becomes Sixth State to Prohibit Use of Credit Report Information in Making Employment Decisions
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.
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Employers May Consider Applicant’s Bankruptcy When Making Hiring Decision, Eleventh Circuit Rules
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
Maryland Restricts Employer Use of Credit History Information
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
Top Ten State Background Check Issues
Top Ten List of Issues Concerning Background Check
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Florida, Michigan, and Montana Follow National Trend and Consider Banning the Use of Applicant Credit History Background Checks in Hiring Decisions
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
FTC Proposes Revised FCRA Notices
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
State Law Developments for Credit and Criminal Background Checks
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
Employers Get Guidance from Ohio Court on “FCRA” Background Check Notice Requirements
FCRA “Fair Credit Reporting Act” Burghy “Dayton Racquet Club, Inc.” FTC “Summary of Rights” “background check” “Pre-Adverse Action”
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