Written By ESR News Blog Editor Thomas Ahearn A class action lawsuit filed in Tampa, Florida claims the nation’s largest online retailer Amazon.com allegedly violated the federal Fair Credit Reporting Act (FCRA) by misusing consumer credit reports for hiring, termination, and assignment decisions, according to a report from Courthouse News Service.Continue reading "Amazon Faces Class Action Lawsuit for Alleged FCRA Violations"
Written By ESR News Blog Editor Thomas Ahearn A federal court in Virginia has denied a motion for summary judgment in a class action complaint that claims Wells Fargo Bank violated the Fair Credit Reporting Act (FCRA) when performing background checks on job applicants by coding some as “ineligible” prompting adverse action and including a …Continue reading "Class Action Lawsuit Claims Bank Violated FCRA with Background Checks"
Written By ESR News Blog Editor Thomas Ahearn A class action lawsuit filed in San Francisco federal court claims Hertz Corporation and the Consumer Reporting Agency (CRA) providing background check reports to the rental car giant allegedly “acted willfully in violating the requirements” of the Fair Credit Reporting Act (FCRA) when performing criminal background …Continue reading "Hertz Faces Lawsuit for Alleged FCRA Violations"
Written By Thomas Ahearn A Fair Credit Reporting Act (FCRA) class action lawsuit filed in a Georgia federal court alleges that a rent-to-own retailer ran background checks and credit reports on employees and job applicants without providing copies of the reports and took adverse employment action against applicants and employees without giving them access to …Continue reading "FCRA Class Action Lawsuit Filed Over Background Checks"
Written By Thomas Ahearn A federal court decision from a District Court in Pennsylvania granted summary judgment in favor of a class of more than 1,800 job applicants and ruled the employer’s background check consent and disclosure form was improper since the form contained a waiver of liability even though such language is a common …Continue reading "Background Check Forms Under Increased Scrutiny"
A class action case filed against a large financial institution – one of the nation’s top 10 banks – shows once again that legal compliance is a critical part of any background screening program. The lawsuit was filed on behalf of an employee alleging violations of the federal Fair Credit Reporting Act (FCRA). According to …Continue reading "New Class Action Lawsuit against Major Financial Institution for FCRA Violations Demonstrates Importance of Legal Compliance"
A class action lawsuit that was allowed to go forward by a federal district court earlier this year underscores the importance of employers following the federal Fair Credit Reporting Act (FCRA) when conducting background checks, and working with background screening firms that help educate employers on following basic procedures.Continue reading "Class Action Lawsuit Demonstrates Importance of Employers following the Fair Credit Reporting Act"
A proposed Colorado law would restrict the use of credit reports of job applicants by employers to certain situations, and make employers that use the information adversely indicate what information they relied upon in the credit report to make their decision.Continue reading "Colorado Bill Would Severely Limit Use of Credit Reports in Employment Screening"
By Lester Rosen, ESR President From the ESR mail box: Here is a frequently asked question dealing with the federal Fair Credit Reporting Act (FCRA) and the pre-adverse and post-adverse action notices. Suppose an employer has two finalists for one position. The employer submits both names for background checks and both candidates have clear background …Continue reading "Adverse Action Letters under the Fair Credit Reporting Act (FCRA) and Employment Screening Background Checks"
A new federal district court case demonstrates the importance of handling the adverse action process correctly when terminating an existing employee due to an unsatisfactory background check. In the case decided on February 26, 2010 by the U.S. District Court for the Southern District of Ohio (2010 U.S. Dist. LEXIS 17373), an employer ran a …Continue reading "New Case Demonstrates How the Details are Everything if Taking Adverse Action on a Current Employee Due to a Background Check"