Tag Archives: court cases

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

Judge Dismisses FCRA Lawsuit Against Time Warner Citing Supreme Court Spokeo Ruling

 FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

A Wisconsin federal judge has dismissed a class action lawsuit against Time Warner Cable, Inc. over alleged violations of the federal Fair Credit Reporting Act (FCRA) by finding the plaintiff could not show he suffered “concrete harm” from the background check process in a decision that cited a ruling in the case of Spokeo v. Robins by the Supreme Court of the United States. Continue reading

FCRA Lawsuits Increased by Nearly 35 Percent in June 2016

FCRA-graphic

Written By ESR News Blog Editor Thomas Ahearn

Lawsuits involving the federal Fair Credit Reporting Act (FCRA) increased by nearly 35 percent in June 2016 over May 2016, according to the latest Debt Collection Litigation and Consumer Financial Protection Board (CFPB) Complaint Statistics Report from WebRecon LLC. Continue reading

Court Rules Texas May Challenge EEOC Criminal Background Check Guidance

 EEOCGavel

Written By ESR News Blog Editor Thomas Ahearn

The U.S. Court of Appeals for the Fifth Circuit has ruled in Texas v. EEOC (No. 14-10949, 6/27/16) that the Lone Star state may challenge in court the U.S. Equal Employment Opportunity Commission (EEOC) enforcement guidance on the use of criminal background checks by employers, according to a report from Bloomberg BNA. Continue reading