Tag Archives: court cases

Jury Awards Over $1 Million in Negligent Hiring Lawsuit Involving Workplace Violence

 RecruitingHiring

Written By ESR News Blog Editor Thomas Ahearn

A jury in Texas has awarded more than $1 million in a negligent hiring lawsuit filed against a company on behalf of an employee and war hero who was killed on the job by a co-worker that claimed the company knowingly providing an unsafe workplace for employees, according to a report from The Orange Leader. Continue reading

FCRA Lawsuit against Bank of America over Background Checks Dismissed

FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

A California federal judge has dismissed a class action lawsuit filed against Bank of America Inc. and other defendants over alleged violations of the federal Fair Credit Reporting Act (FCRA) during background checks on contract workers by ruling the plaintiff lacked standing to bring any claims, according a blog on the Consumer Financial Services Law Monitor website. Continue reading

Man Misidentified as Criminal on Background Check Awarded Over $3 Million

 FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

A Florida man who was denied jobs after a background check company misidentified him twice as a criminal – one who just happened to have the same birth date and a similar name – has won a nearly $3.6 million verdict in federal court, according to a report on the Gainesville.com website. Continue reading

Court Rules DOT Screening Program Does Not Violate Privacy of Drivers

DOT-Seal

Written By ESR News Blog Editor Thomas Ahearn

A federal appeals court has ruled the United States Department of Transportation (DOT) did not violate the privacy of truck drivers by providing information about their non-serious safety violations to prospective employers, a decision that leaves intact the Pre-Employment Screening Program (PSP) established by the DOT’s Federal Motor Carrier Safety Administration (FMCSA) in 2010. Continue reading

JPMorgan Chase Granted Summary Judgment in FCRA Class Action Lawsuit over Background Checks

 FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

The U.S. District Court for the District of Arizona has granted JPMorgan Chase a summary judgment motion in a class action lawsuit that claimed the banking and financial services company violated the Fair Credit Reporting Act (FCRA) when obtaining Federal Bureau of Investigation (FBI) background checks, according to an article on the website of international law firm Troutman Sanders LLP. Continue reading

Court Rules Structure of CFPB is Unconstitutional

CFPB

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

Home Health Care Agency Sued for Alleged Negligent Hiring and Supervision of Sweetheart Swindler

 RecruitingHiring

Written By ESR News Blog Editor Thomas Ahearn

A woman has sued a home health care agency for the alleged negligent hiring and supervision of a well-known con artist dubbed “The Sweetheart Swindler” with a long criminal history of stealing from the elderly dating back to the 1960s, according to a report from the Courthouse News (CN) Service. Continue reading

Dish Network to Pay $1.75 Million to Settle FCRA Class Action Lawsuit

FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

Satellite television company Dish Network has agreed to pay $1.75 million to settle a class action lawsuit over alleged violations of the federal Fair Credit Reporting Act (FCRA) for not providing proper consent and disclosure forms needed to conduct background checks for employment purposes, according to a report on the TopClassActions.com website. Continue reading

Judge Finds FCRA Lawsuit against Background Check Firm May Proceed Under Supreme Court Spokeo Ruling

 FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

In July of 2016, a federal judge in the Northern District of California certified a class of job applicants in a lawsuit claiming a background check firm violated the federal Fair Credit Reporting Act (FCRA) that may proceed under the “concreteness” test established by a U.S. Supreme Court ruling in the Spokeo case. Continue reading

Lawsuit Claims LA Unified School District Rejected Job Seekers with Expunged Criminal Records

Criminal-Background-Check

Written By ESR News Blog Editor Thomas Ahearn

A lawsuit filed against the Los Angeles Unified School District (LAUSD) by members of a civil rights group claims job seekers with expunged misdemeanor records were illegally rejected for positions within the LAUSD, according to a story on the Courthouse News Service (CNS) website. Continue reading