Appeals Court Finds FCRA Lawsuit Over Background Check Disclosures Lacks Article III Standing

Written By ESR News Blog Editor Thomas Ahearn On August 1, 2017, the United States Court of Appeals for the Seventh Circuit held that a plaintiff who filed class action lawsuits claiming extraneous information in a background check disclosure form violated the federal Fair Credit Reporting Act (FCRA) lacked the necessary Article III standing under the …

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Webinar Shows Employers What Steps to Take to Comply with EEOC Criminal Record Guidance

Written By ESR News Blog Editor Thomas Ahearn Attorney Lester Rosen, founder and CEO of Employment Screening Resources® (ESR), will present a live webinar sponsored by Clear Law Institute entitled “Practical Steps Employers Should Take to Comply with the New EEOC Criminal Record Guidance” on Tuesday, December 19, 2017, from 1:00 PM to 2:15 PM ET.

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Texas Supreme Court Rejects Claim of Compelled Self-Defamation Over Failed Drug Test

Written By ESR News Blog Editor Thomas Ahearn On May 26, 2017, the Texas Supreme Court delivered an opinion rejecting a claim of “compelled self-defamation” and declining to “recognize a theory of compelled self-defamation in Texas” in a case where a worker who failed a random drug test filed a lawsuit claiming defamation since he would …

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Survey Reveals Nearly One in Five American Workers Face Hostile or Threatening Social Environment at Work

Written By ESR News Blog Editor Thomas Ahearn A “disturbingly high” number of American workers – nearly one in five – face a hostile or threatening social environment at work, according to the latest American Working Conditions Survey (AWCS) that revealed the American workplace can be “very physically and emotionally taxing” for many workers.

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Appeals Court Rules FCRA Lawsuit Against Spokeo Establishes Sufficient Concrete Injury to Meet Article III Standing

Written By ESR News Blog Editor Thomas Ahearn On August 15, 2017, the Ninth U.S. Circuit Appeals Court ruled in the case of Robins v. Spokeo on remand from the Supreme Court of the United States that a man who claimed an online “people search engine” violated the federal Fair Credit Reporting Act (FCRA) by providing …

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Study Finds Average Time to Hire for U.S. Employers Grew to 23.8 Days

Written By ESR News Blog Editor Thomas Ahearn The average time to hire from start to finish of the interview process for employers in the United States was 23.8 days in the first half of 2017 – up nearly a full day when compared to the average time to hire of 22.9 days in 2014 – and …

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Courier Service Settles Background Check Lawsuit for $2.5 Million Over Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn Applicants who applied for job with Postmates – a  logistics company that operates a network of couriers who deliver goods locally – may be entitled to payment from a $2.5 million class action lawsuit settlement fund over claims the company’s background check process allegedly violated the federal Fair Credit Reporting Act (FCRA), …

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Retail Giant Walmart Faces Class Action Lawsuit for Alleged FCRA Violations with Background Checks

Written By ESR News Blog Editor Thomas Ahearn Walmart faces a class action lawsuit that claims the retail giant allegedly violated the federal Fair Credit Reporting Act (FCRA) and California law by using unauthorized background checks on job applicants and employees without properly obtaining legal authorization, according to a Top Class Actions report.

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Family of Murder Victim Files Lawsuit Against Property Owner and Former Employer of Suspect Over Lack of Background Check

Written By ESR News Blog Editor Thomas Ahearn The family of a murder victim has filed a civil lawsuit in Cook County, Illinois that claims the property owner and the former employer of a suspect in the death of a Chicago-area woman are partially at fault due to a background check on the suspect that lawyers …

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Class Action Lawsuit First to Challenge Alleged Employer Violations of New York City Ban the Box Law

Written By ESR News Blog Editor Thomas Ahearn A class action lawsuit filed in a New York federal court on August 4, 2017, could be the first of its kind to challenge alleged violations by employers of a New York City “Ban the Box” law called the Fair Chance Act (FCA), according to a press release …

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