Category: Criminal Records

Columbus and Dayton Sue Ohio AG for “Deficient” Background Check System

Written By ESR News Blog Editor Thomas Ahearn In November 2020, Ohio’s capital city, Columbus, and the city of Dayton filed a lawsuit that claimed a division of the state attorney general’s (AG) office failed to report criminal conviction information into state and federal background check databases that left them “dangerously deficient,” Courthouse News Service …

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Arkansas Supreme Court Rules in PBSA Freedom of Information Act Lawsuit

Written By ESR News Blog Editor Thomas Ahearn On November 5, 2020, the Arkansas Supreme Court released its opinion on a lawsuit filed by the Professional Background Screening Association (PBSA) in 2018 against a Clerk of the District Court in Benton County, Arkansas, that upheld a Circuit Court Judge’s decision requiring that clerk to release …

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Appeals Court Affirms Dismissal of Ex-Offender Hiring Discrimination Lawsuit

Written By ESR News Blog Editor Thomas Ahearn On September 21, 2020, the Second Circuit Court of Appeals for the Western District of New York affirmed the dismissal by a district court’s judgment in a 2 to 1 decision of a class action lawsuit that claimed a company’s refusal to hire ex-offenders with criminal convictions …

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Audit Finds Gaps in Background Checks for Colorado Adult Protective Services

Written By ESR News Blog Editor Thomas Ahearn On September 21, 2020, the Colorado Office of the State Auditor (OSA) released a performance audit of the state’s Adult Protective Services (APS) Program at the Colorado Department of Human Services (CDHS) that found pre-employment background checks for servers of at-risk adults did not provide employers key …

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Retailer Reaches Agreement in Lawsuit Involving Criminal Background Checks

Written By ESR News Blog Editor Thomas Ahearn An agreement has been reached in the case of The Fortune Society v. Macy’s brought under Title VII of the Civil Rights Act of 1964 and Fair Chance Act (FCA) of the New York City Human Rights Law (NYCHRL) that sought to address criminal background checks by …

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FDIC Issues Rule on Section 19 of FDI Act to Help Ex-Offenders Find Work

Written By ESR News Blog Editor Thomas Ahearn On July 24, 2020, the Federal Deposit Insurance Corporation (FDIC) issued a final rule revising and codifying Section 19 of the Federal Deposit Insurance Act (FDI Act) to allow greater employment opportunities for ex-offenders with certain minor criminal records in the banking industry, according to an FDIC …

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NFL Cancels Meeting with Auction Winner Due to Failed Background Check

Written By ESR News Blog Editor Thomas Ahearn On May 29, 2020, the National Football League (NFL) announced the cancellation of a meeting between the winner of a COVID-19 charity auction and NFL Commissioner Roger Goodell to experience a “Monday Night Football” game at Goodell’s home due to a failed background check, the Sports Business …

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Audit Finds Oregon Needs Improved Background Checks for Child Care Workers

Written By ESR News Blog Editor Thomas Ahearn On June 3, 2020, the Oregon Secretary of State Audits Division released an audit titled “Oregon Department of Education, Oregon Department of Human Services, and Oregon State Police: Oregon Should Improve Child Safety by Strengthening Child Care Background Checks and the State’s Sex Offender Registry” that found …

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Lawsuit Claims Background Check Policy of Bank Violated Title VII

Written By ESR News Blog Editor Thomas Ahearn On April 20, 2020, a proposed class action lawsuit was filed in a Delaware federal court “against Bank of America for violations of Title VII of the Civil Rights Act of 1964 as a result of discriminatory background check policy and practice,” according to a copy of …

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Los Angeles County DA Will Dismiss Nearly 66,000 Marijuana Convictions

Written By ESR News Blog Editor Thomas Ahearn On February 13, 2020, Los Angeles County District Attorney (DA) Jackie Lacey and Code for America announced that nearly 66,000 marijuana convictions eligible for relief under Proposition 64 – The Control, Regulate and Tax Adult Use of Marijuana Act will be dismissed as part of their partnership. …

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