Written By Digital Content Editor Thomas Ahearn On August 21, 2023, the seven-member California Supreme Court unanimously held that third-party businesses performing employment-related tasks for other companies such as screening job applicants can be found liable for discrimination because California state law defines the term “employer” to include an employer’s “agents.” The case claimed a…
Written By Digital Content Editor Thomas Ahearn On February 1, 2023, the U.S. District Court for the Northern District of California granted an employer’s motion for summary judgment that rejected claims made by the plaintiff in a lawsuit that the employer’s authorization forms for a background check violated the Fair Credit Reporting Act (FCRA) that regulates…
Written By Digital Content Editor Thomas Ahearn An employee who survived a mass shooting by a supervisor at a retail store in Virginia that took the lives of six employees has filed a $50 million lawsuit against the company that claims she submitted a complaint about the gunman two months before the shooting, according to…
Written By Digital Content Editor Thomas Ahearn In October 2022, the Court of Appeal of the State of California Fifth Appellate District affirmed a judgment of dismissal and granted the defendant’s motion to dismiss a proposed class action lawsuit that claimed violations of the federal Fair Credit Reporting Act (FCRA) because the plaintiff “failed to…
Written By Digital Content Editor Thomas Ahearn On November 3, 2022, the United States Court of Appeals for the Fourth Circuit addressed the issue of whether Section 230(c)(1) of the Communications Decency Act (CDA) gives immunity to online background report providers using third-party data against claims filed under the federal Fair Credit Reporting Act (FCRA).…
Written By Digital Content Editor Thomas Ahearn On July 26, 2022, a jury in Dallas County awarded $7 billion in punitive damages against a cable company for “systemic safety failures” that led to the “negligent hiring” of a field technician who murdered an 83-year-old customer in her home in 2019, according to a news report…
Written By ESR News Blog Editor Thomas Ahearn On August 20, 2021, a jury in a civil trial returned a verdict of $1 billion in a negligent hiring case after a trucking company hired “a dangerous driver” and “did little to nothing toward safety and background checks before letting their driver behind the wheel,” according…
Written By ESR News Blog Editor Thomas Ahearn Consumer litigation involving the federal Fair Credit Reporting Act (FCRA) was up 9.3 percent from August 2020 to September 2020, up 5.5 percent from September 2019 compared to September 2020, and up 3.8 percent from January to September 2020 compared to January to September 2019, according to…
Written By ESR News Blog Editor Thomas Ahearn On July 21, 2020, the United States District Court, District of Columbia issued an opinion in Mattiaccio v. DHA Group., Inc. that determined the Plaintiff had standing to pursue claims of Fair Credit Reporting Act (FCRA) violations against his former employer after a background check was used…
Written By ESR News Blog Editor Thomas Ahearn On June 19, 2020, the United States Court of Appeals for the Eleventh Circuit vacated a jury’s finding that a major nationwide credit reporting agency (CRA) willfully violated the federal Fair Credit Reporting Act (FCRA) that regulates background checks in the United States by failing to investigate…
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