Tag Archives: court cases

LinkedIn Granted Motion to Dismiss in FCRA Lawsuit

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Written By ESR News Blog Editor Thomas Ahearn

A federal judge in the Northern District of California has granted a motion to dismiss in a class action lawsuit against LinkedIn Corporation that claimed the online professional networking website’s “References Searches” function violated the Fair Credit Reporting Act (FCRA). A copy of the ruling is at http://www.esrcheck.com/file/Sweet-v-LinkedIn_Motion-to-Dismiss.pdf. Continue reading

Class Action Lawsuit against Major National Online Retailer Underscores Need to Comply with the FCRA

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Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

In a class action lawsuit filed in federal court in Seattle on April 7, 2015, a major national online retailer and a staffing firm that provides workers have been sued in a class action lawsuit alleging that the defendants failed to comply with the adverse action notice requirements of the federal Fair Credit Reporting Act (FCRA) where employment was denied due to a past criminal matter. Continue reading

FCRA Class Action Lawsuit Against Paramount Pictures Dismissed

 FCRA Class Action Lawsuits

Written By ESR News Blog Editor Thomas Ahearn

A U.S. District Judge has granted the defendant’s motion to dismiss in the class action lawsuit that claimed Paramount violated the federal Fair Credit Reporting Act (FCRA) requirement for disclosure of consumer reports. A copy of the ‘Order Granting Defendant’s Motion to Dismiss’ is available at http://www.esrcheck.com/file/Peikoff-v-Paramount-Pictures_Order-Granting-Defendant-Motion-to-Dismiss.pdf. Continue reading

$3 Million Settlement Reached in FCRA Class Action Lawsuit

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Written By ESR News Blog Editor Thomas Ahearn

A settlement of $3 million was reached in class action lawsuit between a group of job applicants and east coast grocery store chain Food Lion, LLC and its parent company Delhaize America, LLC over allegedly illegal background checks in violation of the Fair Credit Reporting Act (FCRA), according to a report from TopClassActions.com. Continue reading

Hawaii Supreme Court Decision Helps Define Ban the Box Laws

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Written By ESR News Blog Editor Thomas Ahearn

A decision by the Hawaii Supreme Court in the case Shimose v. Hawaii Health Systems Corp., No. SCWC-12-0000422 (Jan. 16, 2015) helps to define “ban the box” laws that restrict the scope and timing of permissible investigations into the criminal history of job applicants. The decision is available at http://www.esrcheck.com/file/Shimose_v_Hawaii_Health_Systems_Corp.pdf. Continue reading

FCRA Class Action Lawsuits Against Employers Becoming Routine

Blogs about FCRA Class Actions

Written By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)

Two class action lawsuits filed in federal courts in Wisconsin by the same lawyers and the same lead plaintiff within one week of each other and both alleging the same cause of action underscore the prevalence of class action lawsuits for violations of the federal Fair Credit Reporting Act (FCRA). It also demonstrates that employers can easily avoid these lawsuits by paying attention to the basics of the FCRA since both lawsuits were based on the use of language that Employment Screening Resources (ESR) has long warned employers to avoid. Continue reading

Court Affirms Judgment against EEOC in Freeman Case

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Written By ESR News Blog Editor Thomas Ahearn

The United States Court of Appeals for the Fourth Circuit has affirmed a summary judgment in a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) alleging that corporate events service provider Freeman conducted criminal background checks that had an unlawful disparate impact on black and male job applicants in violation of Title VII. The appeal decision in EEOC vs. Freeman, No.13-2365 (February 20, 2015) – which unanimously affirms the rejection of “utterly unreliable analysis” from an EEOC expert – is available at http://www.esrcheck.com/file/EEOC-v-Freeman-Decision.pdf. Continue reading

Court Rules in Favor of Employer Withdrawing Job Offer after Applicant Lied

Court Cases

Written By ESR News Blog Editor Thomas Ahearn

A U.S. District Court in Pennsylvania has ruled in favor of an employer who withdrew a job offer after finding discrepancies between the criminal history found on a background check of a job applicant and criminal history information reported to the employer by that applicant. The summary judgment is available at http://www.esrcheck.com/file/McCorkle-v-Scheinker.pdf. Continue reading

Another FCRA Lawsuit Filed Against Michaels Stores

Blogs about FCRA Class Actions

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit alleging violations of the federal Fair Credit Reporting Act (FCRA) with improper background checks on job applicants was filed against Michaels Stores – the second FCRA lawsuit filed against the retail craft supply chain in as many months – according to a report on TopClassActions.com. Continue reading