Please select a service to learn more:

Identity and Credit

Driver's Records

Criminal Records

References/Credentialing

Substance Abuse/Physicals

Global Solutions

Applicant Tracking

Solutions by Industry

Personal Background Checks

0

gencom-ltl-services

Genwest/Gencom Transportation LLC has been served with a class action complaint for alleged violations of the Fair Credit Reporting Act (FCRA) and the California Investigative Consumer Reporting Agencies Act (ICRAA) as well as a discrimination claim. The US transportation, warehousing, and distribution firm is being targeted for now-familiar claims surrounding the company’s authorization and disclosure for an employment background check. [...]

Continue Reading

0

bart_frivolous_lawsuit-300x164

Litigation Update

Time Warner Cable has been named in a Fair Credit Reporting Act (FCRA) class action lawsuit filed last week in the Eastern District of Wisconsin. The class action complaint was filed on February 6, 2015, alleging that the company violated portions of the Fair Credit Reporting Act in its employment background screening process. The Plaintiff is a frequent flier—he’s the same guy who was named in one of the FCRA class action cases we reported on last week. Same law firm, same plaintiff, same allegations. Once again, the case focuses on the portion of the FCRA that requires a “clear and conspicuous disclosure” about the background check that is made in writing “in a document that consists solely of the disclosure.” [...]

Continue Reading

0

Michael's Background Checks

Litigation Update

Michaels Stores was hit with another FCRA class action case last week. You might recall that the arts and crafts retailer was named in a similar suit just a few months ago*. The current complaint is once again about the Fair Credit Reporting Act (FCRA) disclosure requirement under 15 USC 1681b(b)(2)(a). Specifically at issue is the requirement that disclosure is made in a document that consists solely of the disclosure. The complaint alleges that in the company’s employment background screening process, the disclosure is “embedded within one long continuous web page that applicants fill out” that includes application information and a liability release. [...]

Continue Reading

0

Diploma Mills

The World Wide Web just got a little bit safer for consumers. The Federal Trade Commission (FTC) has shut down two bad actors running Florida-based diploma mills. Maria Garcia and Alexander Wolfram and IDM Services, LLC, conducting business as “Jefferson High School Online” and “Enterprise High School Online,” have entered into a settlement with the FTC for payment of 11.1 million dollars. In addition, they are now banned from marketing and selling academic degrees. This settlement is the end result of charges filed in September of last year by the FTC in a U.S. district court in Florida. Settlement payments have been partially suspended based on the Defendant’s inability to pay. [...]

Continue Reading

0

Pizza Hut Logo

Litigation Update

Pizza Hut is the latest restaurant in the hot seat. The much loved pizza chain is facing an Fair Credit Reporting Act (FCRA) lawsuit filed last week in the Southern District of New York. A class action complaint was filed on January 15, 2015, alleging that the company violated portions of the Fair Credit Reporting Act in its employment background screening process. The target was once again, the portion of the FCRA that requires a “clear and conspicuous disclosure” about the background check that is made in writing “in a document that consists solely of the disclosure.”

Case Name: Rivera Alberto v. Pizza Hut of America, Case No. 15CV00308, U.S. District Ct. for the Southern District of N.Y.

File Date: January 15, 2015

Cause of Action: Class Action, Fair Credit Reporting Act 15 USC 1681(b)(2)(a), Disclosure and Authorization

[...]

Continue Reading

4

FCRA Litigation

As we kick off a new year, at least one of the trends identified in 2014 continues to gather steam. The flood of FCRA class action lawsuits shows no signs of slowing down. As I’ve reported in the past, the hits just keep coming.

Here’s the Roundup:

Graham v. Michaels Stores Inc., Case No. 2:14-cv-07563, U.S. District Court for the District of New Jersey Dec. 4, 2014: The complaint alleges that the craft store chain violated both the New Jersey Fair Credit Reporting Act (NJFCRA) and the Fair Credit Reporting Act (FCRA). According to Graham, the company violated the requirement of providing a stand-alone disclosure. According to the complaint, the disclosure was part of the application form, included a space to list prior employers, and contained ten different state notices. The two classes identified in the pleading include all those who applied to Michaels through the online job portal in the two years prior to the suit, and all New Jersey applicants who applied in a six year window prior to the suit. [...]

Continue Reading

0

Compliance Background Checks

For those interested in staying up-to-date with the latest in compliance for pre-employment background screening and the laws that affect your use of employment background checks, follow our publication, BTW: Your Guide to Staying Out of Hot Water. This compliance resource has been created by our VP of Compliance and General Counsel, Angela Preston, and is a must-read for human resources and security professionals.

Uber Back in the Headlines with FCRA Class Action for Background Checks

Uber can’t seem to get it right. First, the company was criticized for NOT doing background checks, and now it’s under attack for doing them the wrong way. The national ride sharing service that everyone loves to hate is back in the headlines (although I’m not sure they ever left) facing a class action lawsuit for alleged violations of the Fair Credit Reporting Act (FCRA). Read More [...]

Continue Reading

2

Employment Background Checks and Hiring

I almost can’t believe it myself, but it’s already December. And this point in the year means it’s almost time to close the books on 2014. As the year comes to an end, I’ve spent some time looking back at the legal trends in hiring and employment screening throughout 2014. Here is a list of the top five background screening and employment issues from 2014 that are worth reflecting on as we get ready to raise a glass to ring in the New Year.

1. An Uptick in Job Growth

Let’s start with the good news. Hiring is up. Job growth for 2014 is ending on a strong note, and the government’s November jobs report was good. And I mean really good. The US economy had the biggest gain last month since January 2012, adding 321,000 jobs. Unemployment clocked in fairly low, at 5.8 percent. It all adds up to a report card in the A range, when all that was expected was a C or maybe a C+. November set a new record as the 50th consecutive month of job gains. As business analyst Jill Schlesinger put it, “2014 has become the best year for job creation since 1999!” (Cue the Prince music, please.)” That’s welcome news for job seekers and businesses.

[...]

Continue Reading

0

Congressional Committee Report

On November 24, 2014, Senator Lamar Alexander (R-TN) and the U.S. Senate Committee on Health, Education, Labor and Pensions (H.E.L.P.) issued a scathing report, taking the Equal Employment Opportunities Commission (EEOC) to task for a laundry list of egregious tactics. The report’s title sums it up nicely: EEOC: An Agency on the Wrong Track? Litigation Failures, Misfocused Priorities, and Lack of Transparency Raise Concerns about Important Anti-Discrimination Agency

The Report

The Senate H.E.L.P. Committee Report doesn’t pull any punches. Inside are key findings of questionable practices and litigation failures by the EEOC. The report criticizes the agency’s sketchy litigation tactics, its practice of filing suit without a commission vote, questionable discovery requests, the lack of cooperation with defense counsel and a failure to conciliate. It points out that the EEOC has been ordered to pay sanctions and attorney’s fees ten times since 2011, and it has been “openly chastised” by the courts. The report also slams the EEOC for a lack of transparency, citing the dearth of reports from the General Counsel’s office, the practice of introducing guidance without public comment, and failure to respond to F.O.I.A. requests.

The report includes a chart listing the ten cases where the EEOC has been ordered to pay sanctions over the past four years. The list includes the Peoplemark case, which involved disparate impact claims based on the company’s background screening policies.

To sum it up, the report asserts that the EEOC’s tactics are ineffective, burdensome, and are costing taxpayers too much money.

A few of the specific complaints contained in the executive summary of the publication are as follows: [...]

Continue Reading

1

FTC EEOC Guide

If there’s one part of the hiring process when the candidate experience can blow up, it’s the background check. The idea of a background check is daunting for most people—even those with a clean record. If a candidate is rejected as a result of something in the background check, it is increasingly common to hear from their legal representative. One way employers can avoid problems in the background screening process is to educate job applicants. As the old saying goes, an ounce of prevention is worth a pound of cure. [...]

Continue Reading

All information contained on this website is provided by employeescreenIQ solely for the convenience of the site viewers. employeescreenIQ is not providing legal advice or counsel and nothing provided on this website or otherwise by employeescreenIQ should be deemed as legal guidance or advice. Users are solely responsible for complying with all local, state, and federal laws relating to the use of any information provided on this website and any information products provided by employeescreenIQ. Users should consult with their own legal counsel if they have questions regarding their legal responsibilities or any information provided by employeescreenIQ.