In another 2008 federal case, a consumer sued a national background screening firm for negligent violation of the FCRA, on the basis that the screening firm failed to utilize reasonable procedures before reporting possible criminal hits. The federal trial court had granted a summary judgment in favor of the background screening firm, since the plaintiff…
This issue of the ESR Legal Update and Newsletter reviews two of the lawsuits filed in 2008 against background screening firms by consumers. Although an employer may not always be named as a party in a lawsuit against a screening firm, employers should be concerned if a screening firm’s practices end up as court cases.…
In this federal case, a national employment screening firm uncovered information that the applicant had an arrest record over seven years ago. There were no convictions, but arrests only. The federal Fair Credit Reporting Act (FCRA) prohibits the reporting of an arrest older than seven years old, unless the applicant is reasonably expected to make…
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