Tag Archives: court cases

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

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

Massachusetts Court Rules Employers Cannot Fire Employees Using Medical Marijuana for Positive Drug Tests

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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 federal law. Continue reading

EEOC Claims Janitorial Service Deterred African-American Applicants with Criminal Background Checks

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit that claims janitorial service provider Diversified Maintenance Systems, LLC deterred African-American applicants by emphasizing the company performed criminal background checks, according to an EEOC press release. Continue reading

Uber Sued by Woman Who Claims She was Assaulted by Uber Driver with Criminal Past

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Written By ESR News Blog Editor Thomas Ahearn

A female student enrolled in a post-graduate program at a university in Kansas City, Missouri referred to as “Jane Doe” is suing Uber Technologies, Inc. and an Uber driver previously convicted of felony attempted first-degree murder that she claims sexually assaulted her, according to court documents. Continue reading

Target Settles Credit Card Data Breach Case for $18.5 Million

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Written By ESR News Blog Editor Thomas Ahearn

California Attorney General Xavier Becerra has announced a record $18.5 million multi-state settlement with Target, Inc. in response to allegations that more than 40 million customers had their payment card information compromised from a data breach during the 2013 holiday season after the retailer failed to provide reasonable data security, according to a press release on the Attorney General’s website. Continue reading

Lawsuit Claims Three Credit Reporting Agencies Allegedly Violated FCRA by Reporting Old Debt

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Written By ESR News Blog Editor Thomas Ahearn

An Illinois woman has filed a lawsuit filed against the three major nationwide credit reporting agencies – Equifax, Experian, and TransUnion – claiming that they allegedly violated the federal Fair Credit Reporting Act (FCRA) by failing to observe her bankruptcy and reporting discharged debt, according to a report by the Madison-St. Clair Record. Continue reading

Court Finds Sending Copy of Background Check and Summary of Rights Satisfies FCRA Pre-Adverse Action Requirements

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Written By ESR News Blog Editor Thomas Ahearn

A Pennsylvania Court has found in the case of Wright v. Lincoln Property Company that an employer who considered rejecting an applicant based on a background check and followed “pre-adverse” action rules under the federal Fair Credit Reporting Act (FCRA) that requires employers to send applicants a copy of their background checks and a summary of rights under the FCRA prior to taking “adverse action” is only obligated to send the applicant these documents and whether the applicant receives them is irrelevant. Continue reading

Court Finds Complete and Up To Date Requirement of FCRA Does Not Include Accuracy Component

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Written By ESR News Blog Editor Thomas Ahearn

A District Court in Pennsylvania has ruled that the “complete and up to date” requirement of the federal Fair Credit Reporting Act (FCRA) that consumer reporting agencies (CRAs) must follow when performing background checks does not include an “accuracy” component as well. Continue reading

FCRA Lawsuits Will Remain a Potential Threat to Employers After Supreme Court Decision in Spokeo Case

 

Written By ESR News Blog Editor Thomas Ahearn

On May 16, 2016, the Supreme Court of the United States ruled in the case of Spokeo, Inc. v. Robins that consumers must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute. However, the fact that class action lawsuits involving the federal Fair Credit Reporting Act (FCRA) that governs background checks in the U.S. will remain a potential threat to employers despite recent court rulings dismissing FCRA lawsuits and citing the Spokeo decision as the reason is Trend Number 8 in the Employment Screening Resources® (ESR) 10th annual ‘ESR Top Ten Background Check Trends’ for 2017. Continue reading