Tag Archives: court cases

$3 Million Settlement Reached in FCRA Class Action Lawsuit

 FCRAFTCGavel

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

Gavel

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

ESR News Blogs about EEOC

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

FCRA Class Action Lawsuit Filed Against Pizza Hut

Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed against Pizza Hut alleges that the company violated the federal Fair Credit Reporting Act (FCRA) requirement that a “clear and conspicuous disclosure” about a background check for employment purposes be made in writing “in a document that consists solely of the disclosure.” The copy of this class action lawsuit is available at http://www.esrcheck.com/file/AlbertoRivera_PizzaHut.pdf. Continue reading

Class Action Lawsuit Filed Over Background Checks

Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed against Michaels Stores Inc. alleges the craft supply retailer “neglected to properly inform job applicants that the company regularly performed background checks on potential employees during the application process” in violation of state and federal consumer protection laws, according to a report from TopClassActions.com. The full story is at http://topclassactions.com/lawsuit-settlements/lawsuit-news/45583-michaels-hit-background-check-class-action-lawsuit/. Continue reading

Paramount Class Action Lawsuit Alleges FCRA Violations

Class Action Lawsuit Blogs

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit claims Paramount Pictures Corporation improperly performed consumer reports for employment purposes in alleged violation of federal Fair Credit Reporting Act (FCRA), according to TopClassActions.com. The FCRA regulates the collection, dissemination, and use of consumer information including credit reports. The full story is available at http://topclassactions.com/lawsuit-settlements/lawsuit-news/47331-lawsuit-paramount-illegally-obtains-applicants-credit-reports/. Continue reading