Robert T. Quackenboss

Firm/Organization: Hunton Andrews Kurth LLP

Blogs: Hunton Employment & Labor Perspectives

Latest Articles

Background Check Vendors Beware: the CFPB’s Authority to Enforce the FCRA Applies to You Too

By Cullan E. Jones & Robert T. Quackenboss

January 16, 2020

On November 22, 2019, the federal Consumer Financial Protection Bureau (CFPB) filed a complaint in the U.S. District Court for the Southern District of New York against Sterling Infosystems, Inc. (“Sterling”) regarding allegations that it violated the Fair Credit Reporting Act (FCRA) in providing criminal background checks to employers. Sterling is a “consumer reporting agency” as defined by the FCRA, which provides background check results to employers when requested. The CFPB is an independent federal…

Hunton Employment & Labor Perspectives

The EEOC Settles Six-Year-Old Lawsuit Attacking Background Check Policy

By Jessica Knapp Little & Robert T. Quackenboss

December 12, 2019

Dollar General and the Equal Employment Opportunity Commission (“EEOC”) recently settled a six-year-old Title VII lawsuit. The EEOC brought its race discrimination claim on behalf of a Charging Party and a class of Black job applicants, alleging that Dollar General’s use of criminal justice history information in the hiring process had a disparate impact on Black applicants.…

Hunton Employment & Labor Perspectives

Boeing Test Takes Off as NLRB Holds Employer’s Confidentiality and Media Contact Rules Lawful

By Cullan E. Jones & Robert T. Quackenboss

December 3, 2019

The National Labor Relations Board (the “Board”) under the current administration continues to issue employer friendly rulings in the context of evaluating whether employer work rules violate the National Labor Relations Act (the “Act”). In LA Specialty Produce Company, 368 NLRB No. 93 (October 10, 2019) (“LA Produce”), the Board’s first ruling applying the standard in The Boeing Co., 365 NLRB No. 154 (2017) for determining the validity of rules, policies and handbook provisions under the…

Hunton Retail Law Resource

Illinois Enacts AI Interview Law Amid an International Trend Toward Regulation

By Robert T. Quackenboss & Katherine P. Sandberg

November 19, 2019

Imagine a future in which Artificial Intelligence (AI) does the recruiting and hiring at US companies. Every new hire will be the uniquely perfect candidate whose skills, personality, presence, temperament and work habits are a flawless match for the job. Performance management and poor performance become extinct, relics from an age in which humans brought primitive instincts, biases and flawed intuition to hiring and employment decisions. While there are risks and challenges to employers in…

Hunton Employment & Labor Perspectives

Illinois Enacts AI Interview Law Amid an International Trend Toward Regulation

By Katherine P. Sandberg & Robert T. Quackenboss

November 18, 2019

Imagine a future in which Artificial Intelligence (“AI”) does the recruiting and hiring at U.S. companies. Every new hire will be the uniquely perfect candidate whose skills, personality, presence, temperament, and work habits are a flawless match for the job. Performance management and poor performance become extinct, relics from an age in which humans brought primitive instincts, biases, and flawed intuition to hiring and employment decisions. While there are risks and challenges to employers in…

Hunton Employment & Labor Perspectives

Supreme Court Passes On a Case That Likely Would Have Clarified the Scope of the ADA Regarding Access to Private Businesses’ Virtual Platforms

By Robert T. Quackenboss

October 9, 2019

The U.S. Supreme Court declined to hear a case on October 7 that likely would have clarified the scope of Title III of the Americans with Disabilities Act (the “ADA”) related to the operation of virtual platforms like websites and applications by private businesses.…

Hunton Employment & Labor Perspectives

Federal Court Finds That General Statistical Data Is Not Enough to Show That No-Conviction Hiring Policy Was Discriminatory

By Jessica Knapp Little & Robert T. Quackenboss

August 15, 2019

Magnifying_Glass_Over_Background_Check_Form_1200

The United States District Court for the Western District of New York recently granted an early dismissal of a class action lawsuit prior to class certification. Mandala v. NTT Data, Inc., 18-CV-6591 CJS, 2019 WL 3237361, at *1 (W.D.N.Y. July 18, 2019). The plaintiffs in Mandala were two African-American men who applied for and were offered jobs with the defendant employer. After the employer conducted a criminal background check on the plaintiffs and found they…

Hunton Employment & Labor Perspectives

Why Employment Credit Checks May Soon be a Thing of the Past

By Amanda C. Koziol & Robert T. Quackenboss

August 14, 2019

On July 11, 2019, the House Financial Services Committee, led by Chairwoman Maxine Waters (D-CA), considered The Restricting Use of Credit Checks For Employment Decisions Act (the “Act”) as one of four bills designed to reform the Fair Credit Reporting Act (FCRA) and the credit reporting system.…

Hunton Employment & Labor Perspectives

FTC Defers to CFPB by Rescinding FCRA Model Forms and Disclosures

By Cullan E. Jones & Robert T. Quackenboss

July 8, 2019

Buildings_Federal_Trade_Commission_FTC_1200x675

The Federal Trade Commission (“FTC”) recently rescinded several Model Forms and Disclosures related to the Fair Credit Reporting Act (“FCRA”), determining they are no longer necessary. As we wrote about last Fall, [“Fall” hyperlink to CEJ and RTQ HELP blog article dated September 21, 2018] this change is the result of the Consumer Financial Protection Bureau (“CFPB”) issuing its own model forms and disclosures. The FTC forms that have been rescinded and the corresponding CFPB forms…

Hunton Employment & Labor Perspectives

Equality Act Moves to Senate-A Victory for LGBTQ Groups

By Robert T. Quackenboss

May 23, 2019

The House of Representatives passed the Equality Act (H.R. 5 – 116th Congress) this past Friday, May 17, mostly along party lines – the resolution passed with a 236 to 173 vote, with only 8 of the “aye” votes cast by Republicans. The Equality Act would amend various civil rights laws, including the Civil Rights Act of 1964 (“Civil Rights Act”), the Fair Housing Act, the Equal Credit Opportunity Act, the Jury Selection and Services…

Robert T. Quackenboss

Background Check Vendors Beware: the CFPB’s Authority to Enforce the FCRA Applies to You Too

The EEOC Settles Six-Year-Old Lawsuit Attacking Background Check Policy

Boeing Test Takes Off as NLRB Holds Employer’s Confidentiality and Media Contact Rules Lawful

Illinois Enacts AI Interview Law Amid an International Trend Toward Regulation

Illinois Enacts AI Interview Law Amid an International Trend Toward Regulation

Supreme Court Passes On a Case That Likely Would Have Clarified the Scope of the ADA Regarding Access to Private Businesses’ Virtual Platforms

Federal Court Finds That General Statistical Data Is Not Enough to Show That No-Conviction Hiring Policy Was Discriminatory

Why Employment Credit Checks May Soon be a Thing of the Past

FTC Defers to CFPB by Rescinding FCRA Model Forms and Disclosures

Equality Act Moves to Senate-A Victory for LGBTQ Groups

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