Written By ESR News Blog Editor Thomas Ahearn On August 9, 2019, a ruling in the United States District Court for the Northern District of Georgia found that a background check for independent contractors does not trigger the protections applicable for a background check for “employment purposes” under the federal Fair Credit Reporting Act (FCRA). …Continue reading "Court Rules Background Check for Independent Contractor Does Not Trigger Protections for Employment Purposes under FCRA"
Written By ESR News Blog Editor Thomas Ahearn In July of 2019, consumer litigation involving the Fair Credit Reporting Act (FCRA) – a federal law that helps ensure the accuracy, fairness, and privacy of personal information – rose 15.4 percent from the previous month, with 510 cases compared to 442 cases, according to statistics from WebRecon …Continue reading "Consumer Litigation Involving FCRA Rose 15 Percent from Previous Month in July 2019"
Written By ESR News Blog Editor Thomas Ahearn On August 6, 2019, a Pulaski County Circuit Judge ruled in an open-record lawsuit that a Bentonville District Clerk violated the Arkansas Freedom of Information Act by refusing to release court records of a man undergoing a background check, according to a report by the Arkansas Democrat Gazette. …Continue reading "Judge Rules Clerk Violated Freedom of Information Act by Not Releasing Court Records for Background Check"
Written By ESR News Blog Editor Thomas Ahearn On October 11, 2018, a ruling in the case of Pendergrass v. Washington Metropolitan Area Transit Authority (WMATA) where the Plaintiff claimed WMATA’s criminal background check policy was discriminatory found that states are immune from lawsuits under the Fair Credit Reporting Act (FCRA).Continue reading "Court Rules in Criminal Background Check Case that States are Immune from Lawsuits Under FCRA"
Written By ESR News Blog Editor Thomas Ahearn In September 2018, a California appeals court ruled a Walmart employee who was sexually assaulted by a co-worker while off-duty and out of the workplace could not proceed with her negligent hiring and retention claims against the company, according to an update from the Society for Human …Continue reading "Appeals Court Rules Walmart Not Liable in Negligent Hiring Case for Sexual Assault by Off-Duty Employee Out of Workplace"
Written By ESR News Blog Editor Thomas Ahearn The San Francisco District Attorney has filed a civil complaint against HomeAdvisor, Inc. and its parent company ANGI Homeservices, Inc., for allegedly broadcasting radio and television ads with false and misleading information about the background checks that HomeAdvisor performs on service providers sent to the homes of …Continue reading "San Francisco District Attorney Files Complaint Over Allegedly False Advertising about Background Checks"
Written By ESR News Blog Editor Thomas Ahearn On January 12, 2018, a federal appeals court ruled that truck drivers cannot be awarded legal damages merely for inaccurate background check data in the federal Pre-employment Screening Program (PSP) database without showing “concrete injury,” according to an article on the Transport Topics website.Continue reading "Appeals Court Rules Lawsuits Over Inaccurate Background Check Data Must Show Concrete Injury"
Written By ESR News Blog Editor Thomas Ahearn On February 2, 2018, a California federal judge ruled a former delivery driver for online food-ordering service Grubhub was an independent contractor and not an employee entitled to employment benefits in an important case for the emerging “gig economy,” according to a Courthouse News Service report.Continue reading "Judge Rules Grubhub Delivery Driver is Contractor Not Employee in Important Case for Gig Economy"
Written By ESR News Blog Editor Thomas Ahearn In December of 2017, a federal Judge in Pennsylvania dismissed a class action lawsuit against Rite Aid Corporation claiming violations of the federal Fair Credit Reporting Act (FCRA) that regulates background checks for employment purposes for lack of standing under Article III of the United States Constitution.Continue reading "Judge Dismisses FCRA Class Action Lawsuit Against Rite Aid for Lack of Standing Under U.S. Constitution"
Written By ESR News Blog Editor Thomas Ahearn On May 16, 2016, the U.S. Supreme Court ruled in Spokeo, Inc. v. Robins that plaintiffs must prove “concrete injury” in class action lawsuits for alleged “bare” violations of a federal statute such as the Fair Credit Reporting Act (FCRA). The fact that employers are still targeted in lawsuits …Continue reading "FCRA Class Action Lawsuits Will Continue to Target Employers Performing Background Checks in 2018"