Written By Employment Screening Resources® (ESR) In September 2018, a California appeals court ruled a Walmart employee who was sexually assaulted by a co-worker while off-duty and out of the workplace could not proceed with her negligent hiring and retention claims against the company, according to an update from the Society for Human Resource Management …Continue reading "Appeals Court Rules Walmart Not Liable in Negligent Hiring Case for Sexual Assault by Off-Duty Employee Out of Workplace"
Written By ESR News Blog Editor Thomas Ahearn The San Francisco District Attorney has filed a civil complaint against HomeAdvisor, Inc. and its parent company ANGI Homeservices, Inc., for allegedly broadcasting radio and television ads with false and misleading information about the background checks that HomeAdvisor performs on service providers sent to the homes of …Continue reading "San Francisco District Attorney Files Complaint Over Allegedly False Advertising about Background Checks"
Written By ESR News Blog Editor Thomas Ahearn On January 12, 2018, a federal appeals court ruled that truck drivers cannot be awarded legal damages merely for inaccurate background check data in the federal Pre-employment Screening Program (PSP) database without showing “concrete injury,” according to an article on the Transport Topics website.Continue reading "Appeals Court Rules Lawsuits Over Inaccurate Background Check Data Must Show Concrete Injury"
Written By ESR News Blog Editor Thomas Ahearn On February 2, 2018, a California federal judge ruled a former delivery driver for online food-ordering service Grubhub was an independent contractor and not an employee entitled to employment benefits in an important case for the emerging “gig economy,” according to a Courthouse News Service report.Continue reading "Judge Rules Grubhub Delivery Driver is Contractor Not Employee in Important Case for Gig Economy"
Written By ESR News Blog Editor Thomas Ahearn In December of 2017, a federal Judge in Pennsylvania dismissed a class action lawsuit against Rite Aid Corporation claiming violations of the federal Fair Credit Reporting Act (FCRA) that regulates background checks for employment purposes for lack of standing under Article III of the United States Constitution.Continue reading "Judge Dismisses FCRA Class Action Lawsuit Against Rite Aid for Lack of Standing Under U.S. Constitution"
Written By ESR News Blog Editor Thomas Ahearn On May 16, 2016, the U.S. Supreme Court ruled in Spokeo, Inc. v. Robins that plaintiffs must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute such as the Fair Credit Reporting Act (FCRA). The fact that employers are still targeted in lawsuits …Continue reading "FCRA Class Action Lawsuits Will Continue to Target Employers Performing Background Checks in 2018"
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 …Continue reading "Appeals Court Finds FCRA Lawsuit Over Background Check Disclosures Lacks Article III Standing"
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 …Continue reading "Texas Supreme Court Rejects Claim of Compelled Self-Defamation Over Failed Drug Test"
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 …Continue reading "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 On July 17, 2017, the Massachusetts Supreme Judicial Court ruled that employers cannot fire employees with prescriptions for medical marijuana – the use of which voters in the state approved in 2012 – simply for flunking drug tests and even though marijuana is still illegal to use under …Continue reading "Massachusetts Court Rules Employers Cannot Fire Employees Using Medical Marijuana for Positive Drug Tests"