Category Archives: Recent Posts

Employers Should Not Let Guard Down on FCRA Compliance in Wake of Supreme Court Spokeo Ruling


Written By ESR News Blog Editor Thomas Ahearn

Employers should not “let their guard down about complying with background screening rules” such as the federal Fair Credit Reporting Act (FCRA) despite recent court rulings such as the dismissal of a proposed FCRA class action lawsuit against transportation network company Lyft, Inc. by a federal judge who cited a decision by the Supreme Court in the case of Spokeo, Inc. v Robins as a reason for the decision, according to an article on the Society for Human Resource Management (SHRM) website. Continue reading

Rhode Island Law Requires Transportation Network Companies Outsourcing Screening of Drivers to Use NAPBS Accredited Firms


Written By ESR News Blog Editor Thomas Ahearn

A new law in Rhode Island taking effect in October of 2016 – S 2864 as Amended – requires Transportation Network Companies (TNCs) such as Uber and Lyft who use third party Consumer Reporting Agencies (CRAs) for the background screening of potential drivers to only use CRAs accredited by the National Association of Professional Background Screeners (NAPBS®). Continue reading

North Las Vegas Adopts Ban the Box Policy to Help Job Seekers with Criminal Records


Written By ESR News Blog Editor Thomas Ahearn

North Las Vegas has become the first municipality in Nevada to adopt a “Ban the Box” policy that will remove the box on city job applications that applicants must check if they have criminal records to allow ex-offenders a fair chance to advance in the hiring process, according to a report in the Las Vegas Sun. Continue reading

EEOC Holds Meeting on Use of Big Data in Background Checks for Employment Decisions


Written By ESR News Blog Editor Thomas Ahearn

On October 13, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting at agency headquarters in Washington, D.C. on how “Big Data” – the use of algorithms, data scraping of the internet, and other means of evaluating thousands of pieces of information about an individual – is being used to make hiring and other employment decisions during background checks, according to an EEOC press release. Continue reading

Judge Dismisses FCRA Class Action Lawsuit Against Lyft Citing Supreme Court Spokeo Decision


Written By ESR News Blog Editor Thomas Ahearn

A California federal court judge has dismissed a class action lawsuit filed against Lyft, Inc. over alleged violations of the federal Fair Credit Reporting Act (FCRA) during the transportation network company’s background check process citing the Supreme Court decision in Spokeo, Inc. v. Robbins that held plaintiffs must show concrete injury when alleging FCRA violations. Continue reading

Civil Rights Group Concerned Amazon Policy on Background Checks May Harm Minority Drivers


Written By ESR News Blog Editor Thomas Ahearn

The Lawyers’ Committee for Civil Rights and Economic Justice has sent a letter to Amazon that expresses “profound concern” over recently implemented policies on background checks by the company that resulted in the mass termination of dozens of primarily Black and Latino Amazon drivers, including the firing of 30-40 such employees on a single day in the Boston, MA area. Continue reading

Court Rules Structure of CFPB is Unconstitutional


Written By ESR News Blog Editor Thomas Ahearn

The U.S. Court of Appeals for the District of Columbia Circuit has ruled the structure of an independent agency established by Congress in the Dodd-Frank Act of 2010 – the Consumer Financial Protection Bureau (CFPB) – is unconstitutional and that the current CFPB Director “enjoys more unilateral authority than any other officer in any of the three branches of the U.S. Government, other than the President.” Continue reading

DOJ and EEOC Report Finds Background Checks Can Be Barrier to Advancing Diversity in Law Enforcement


Written By ESR News Blog Editor Thomas Ahearn

The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have released a comprehensive report entitled “Advancing Diversity in Law Enforcement” that examines many promising practices as well as possible barriers – including criminal background checks – in recruitment, hiring, and retention for advancing diversity in law enforcement. Continue reading

Department of Education Upholds Recommendation to Remove ACICS Accreditation


Written By ESR News Blog Editor Thomas Ahearn

The Department of Education (ED) has upheld the ED staff and the National Advisory Council on Institutional Quality and Integrity (NACIQI) recommendations  that the Accrediting Council for Independent Colleges and Schools (ACICS) should no longer be recognized as an agency that can provide schools with an accreditation that makes them eligible for participation in federal aid. A copy of this decision is available online at Continue reading

U.S. Economy Adds 156,000 Jobs in September 2016

BLS Jobs Report

Written By ESR News Blog Editor Thomas Ahearn

The U.S. economy added 156,000 jobs in September 2016 while the unemployment rate and the number of unemployed persons rose slightly to 5.0 percent and 7.9 million respectively in the month, according to the Employment Situation report released by the Bureau of Labor Statistics. Continue reading