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

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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 have to report his job loss for a failed drug test to future employers. Continue reading

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. Continue reading

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

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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 inaccurate information about him has sufficient “concrete injury” to meet the Article III standing established by a Supreme Court ruling in May of 2016. Continue reading

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

TimeToHire

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 the average length of the job interview process grew longer depending on the region and industry, according to a worldwide study conducted by Glassdoor. Continue reading

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

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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), according to a news report on the Top Class Actions website. Continue reading

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

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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. Continue reading

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

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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 say was never completed, according to a news report from NBC 5 in Chicago, IL. Continue reading

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

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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 from employment law firm Outten & Golden LLP, which filed the suit along with the nonprofit organization Youth Represent. Continue reading

Some Common Job Applicant Fears about Background Checks Unfounded

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Written By ESR News Blog Editor Thomas Ahearn

To help calm nerves job applicants have about background checks done by employers,  an article on job website Monster.com – “Employment background check guide for job applicants” – compared common fears against the facts and featured background check experts such as Dawn Standerwick, Chair of the Board of Directors at the National Association of Professional Background Screeners (NAPBS). Continue reading

CFPB Orders Bank to Pay $4.6 Million Penalty for Violating FCRA Requirements for Checking Account Screening Reports

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Written By ESR News Blog Editor Thomas Ahearn

On August 2, 2017, the Consumer Financial Protection Bureau (CFPB) ordered JPMorgan Chase Bank, N.A. to pay a $4.6 million penalty for failing to comply with obligations outlined in the federal Fair Credit Reporting Act (FCRA) related to the accuracy of information about consumer checking account behavior provided for checking account screening reports, according to a news release on the CFPB website. Continue reading