Topic
Background Checks
559 published works
Employment & Labor
Sixth Circuit Upholds Big Fee Award Against EEOC For Continuing To Pursue Lawsuit Based On A “Companywide Policy That Did Not Exist”
By Gerald L. Maatman Jr. and Howard M. Wexler On October 7, 2013 the U.S. Court of Appeals for the Sixth Circuit upheld a district court’s award of $751,942.48 against…
Labor & Employment Report
EEOC’s Attempt to Prohibit Use of Background Checks Rejected
By Fiona W. Ong
The EEOC has been facing some controversy with regard to its April 2012 guidance on the use of criminal background checks, in which it discussed the appropriate use of criminal background…
Texas Employer Handbook
Employment Law 101: Background Checks
Who, What, Why . . . Who does it apply to: Any employer interested in protecting their business from the potential consequences of not doing background checks and some employers…
Real Lawyers Have Blogs
Top 10 in Law Blogs: EEOC on Background Checks, Offline Tracking, NFL’s Image
The Senate Judiciary Committee recently took a major first step towards providing journalists and their sources with a federal shield law. But is it the federal shield law people have…
The Data Advisor
Policing Privacy: Undercover FTC Staff “Test-Shop” Data Brokers to Identify FCRA Violators
By Ted Serra
In early May, Theodore Moss, the CEO of online background-check provider Crimcheck.com, received a letter from the Federal Trade Commission (FTC) notifying him that "recent test-shopping contacts" had indicated that…
Class Action & Mass Torts
Satisfaction! (Defendant In FCRA Putative Class Action Can’t Get No)
By Pamela Devata and Reema Kapur The refrain from the Rolling Stones’ iconic song “Satisfaction” reportedly was inspired by a phrase from a Chuck Berry ditty “I can't get no…
World of Employment
Maryland Federal District Court’s Dismissal of EEOC v. Freeman Provides Guidance for Employers on Background Check Rules
By Ryan Gibson
As we’ve blogged about before, the EEOC has become more aggressive over the past few years in scrutinizing employer use of criminal background and credit checks. While federal anti-discrimination laws…
Employment Law Spotlight
Don’t Forget About the Fair Credit Reporting Act: Background Check Class Action Suit Filed Against Trucking Company
As we have noted in a number of prior posts here, here, and here, background checks can be a helpful tool for management, especially during the hiring process, but they…
Health Law Update
Background Check Policies Exposing Employers to Legal Liability
The Equal Employment Opportunity Commission (EEOC) continues to challenge employers' seemingly legitimate reliance on background checks as part of the hiring process. Recent developments indicate that the heat is intensifying…
EEOC Year-End Countdown
U.S. Commission On Civil Rights’ Action On Draft Report On The EEOC’s Guidance On Hiring Screens
By Pamela Q. Devata Since April 25, 2012 - when the EEOC issued its guidance on the use of arrest and conviction information in employment - employers have been struggling…