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“Ban the Box” News and Updates

As 2015 ended and a new year began, there’s been more “ban the box” activity. The term refers to the box on a job application form that asks, “Have you ever been convicted of a crime?” In December 2015, the National Employment Law Project (NELP) reported that over 100 cities and counties, as well as 19 states have adopted these policies “so that employers consider a job candidate’s qualifications first, without the stigma of a conviction record.”

HR Professionals: Close the Year with These Important Tasks

As 2015 comes to an end, everyone is consumed with year-end activities. Corporate Screening’s partner, ERC, has put together a list of five essential activities to wrap up the year. These include:

Complying with the New York City Fair Chance Act

On October 27, 2015, New York City’s Fair Chance Act will go into effect. This "ban the box" law prohibits most employers from asking about criminal history until after a conditional offer of employment is extended. In June and at the beginning of October, Corporate Screening published a couple of client alerts discussing the Fair Chance Act. With the law becoming effective on October 27, 2015, we wanted to share information by attorneys Pamela Q. Devata, Cameron A. Smith and Courtney Stieber at Seyfarth Shaw regarding best practices for complying with the New York City Fair Chance Act. They write:

FCRA Violation Lawsuit Filed Against Chipotle

Employers, here’s yet another reason to check your disclosure forms. A recent lawsuit claims that Chipotle violated the Fair Credit Reporting Act (FCRA) because it did not provide a FCRA-compliant disclosure regarding conducting background checks on job applicants, and did not provide them with a written summary of rights under the FCRA.

Universal Studios Hit with FCRA Class Action Lawsuit

  Here’s another reminder that FCRA class action lawsuits are not going away. Last week, Universal Studios in Orlando became the latest company to be hit with a class action lawsuit that alleges the company did not properly inform current and prospective employees it was running credit reports. Top Class Actions reports that the lead plaintiff Eufemio Mendez alleged Universal did not provide a disclosure form, nor did it provide employees with copies of their consumer reports when taking adverse action.

BMW Settles EEOC Criminal Background Check Lawsuit And Pays $1.6 Million

  In June 2013, Corporate Screening blogged about the action taken by the EEOC against BMW and Dollar General regarding their use of background checks. The EEOC complaint alleged that BMW’s criminal conviction background check policy violated Title VII of the Civil Rights Act of 1964. On September 8, 2015 a South Carolina federal judge approved a settlement, which requires BMW to pay $1.6 million and provide employment opportunities to the rejected applicants.

FCRA Class Action Updates: Paramount and Whole Foods

You’ve seen the headlines about the many FCRA-related class action lawsuits brought against a number of large, well-known employers. In today’s blog, Corporate Screening provides some updates on FCRA class action lawsuits brought against Paramount Pictures and Whole Foods.  While each case is unique, the contradictory court decisions highlight the controversy regarding technical violations of the FCRA.  A controversy you don’t want to be stuck in the middle of.

Update: LinkedIn Avoids FCRA Class Action Lawsuit

  In October, a class action lawsuit was filed against LinkedIn, claiming the company acted as a credit reporting agency by providing premium users (potential employers) with “Trusted Reference” reports. The plaintiffs alleged that LinkedIn violated the FCRA because it did not get consent from consumers for the report, nor did it allow consumers to dispute the information contained in the reports, therefore violating the FCRA.

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Background Check Blog

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